Legal Opinion
In Re Bill W. Rains, Also Known as Billy Wayne Rains, Debtor. Dale A. Ruplinger v. Bill W. Rains, Also Known as Billy Wayne Rains
Court of Appeals for the Tenth Circuit
Decided October 7, 1991No. 91-6032PublishedCited by 240 opinions
1Per curiam
At issue in this case is whether the dis-. trict court abused its discretion in entering a default judgment against a defendant who had delayed executing a settlement agreement. Because the district court did not make findings regarding the defendant’s willfulness, bad faith or other fault and has not explained why some lesser sanction was not appropriate in this case, we remand for further action by the district court.
Plaintiff Ruplinger was a former Mr. Universe who, in June 1985, brought a tort action against Dr. Rains, an Oklahoma chiropractor, for wrongful appropriation of Mr.…
2Cases cited12 opinions
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
- H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
- Toney Gomes, Jr. v. Ellen L. WilliamsCourt of Appeals for the Tenth Circuit · 1970
- Cessna Finance Corporation v. Bielenberg Masonry Contracting, Inc., Paul BielenbergCourt of Appeals for the Tenth Circuit · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by240 opinions
- Dennis Garberg & Associates, Inc. v. Pack-Tech International Corp.Court of Appeals for the Tenth Circuit · 1997
- Callahan v. PoppellCourt of Appeals for the Tenth Circuit · 2006
- Gocolay v. New Mexico Federal Savings & Loan Ass'nCourt of Appeals for the Tenth Circuit · 1992
- Dennis L. Williams v. Jack Smithson, Cherokee County Deputy Andy Sellars, Cherokee County SheriffCourt of Appeals for the Tenth Circuit · 1995
- Gates Rubber Co. v. Bando Chemical Industries, Ltd.District Court, D. Colorado · 1996
235 more not listed; retrieve them via the Exa API.