Legal Opinion

Original Sixteen to One Mine, Inc. v. Sixteen to One Mining Corp. (In Re Sixteen to One Mining Corp.)

United States Bankruptcy Court, D. Nevada

Decided February 12, 1981No. 19-10469PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND DECISION

BERT M. GOLDWATER, Bankruptcy Judge.

This is an action by a lessor to have a mining lease declared terminated and not property of the estate of a Chapter 11 debt- or. Notice of termination was given by the lessor after the filing of the case for failure to operate the mine both before and after filing for reorganization.

The plaintiff as lessor entered into a mining lease with one Sapp in October 1974, which lease was thereafter assigned with consent of the lessor to debtor defendant. On December 7, 1979, a creditors’ involuntary petition under Chapter 11 was filed which…

2Cases cited5 opinions

  1. Finn v. MeighanSupreme Court of the United States · 1945
  2. Chauvenet v. PersonSupreme Court of Pennsylvania · 1907
  3. Niles Land Co. v. Chemung Iron Co.Court of Appeals for the Eighth Circuit · 1916
  4. Van Doren v. ThurberCalifornia Court of Appeal · 1943
  5. Carroll v. EatonMontana Supreme Court · 1975

3Cited by6 opinions

  1. The Ltv Corporation v. Gulf States Steel, Inc. Of AlabamaCourt of Appeals for the D.C. Circuit · 1992
  2. Frenchak v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1985
  3. Am-Haul Carting, Inc. v. Contractors Casualty & Surety Co.District Court, S.D. New York · 1998
  4. Matter of Hejco, Inc.United States Bankruptcy Court, D. Nebraska · 1988
  5. Graham v. West Virginia (In Re War Eagle Construction Co.)District Court, S.D. West Virginia · 2002

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