IN THE MATTER OF GEORGE WALTER KINGSWOOD AND GERD KINGSWOOD, BANKRUPTS. GEORGE WALTER KINGSWOOD AND GERD KINGSWOOD, APPELLANTS,
v.
CARLYLE MICHELMAN, TRUSTEE-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the District Court should have the first opportunity to reconsider the case in light of a Supreme Court decision.
The court's original opinion was reversed by the Supreme Court, which remanded the case for further consideration in light of a new precedent.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM:
Our original opinion in the subject cause is reported at 470 F. 2d 996 (case 2) (9th Cir. 1972). We based our brief reversing opinion upon the opinion of a District Court in a similar case, thought by us to be well reasoned. In re Cedor, 337 F.Supp. 1103 (N.D.Cal.), aff’d 470 F. 2d 996 (case 1) (9th Cir. 1972).
The Supreme Court has now reversed our opinion. Michelman, Trustee, etc. v. Kingswood, 418 U.S. 902, 94 S.Ct. 3191, 41 L.Ed.2d 1150 (1974). The Supreme Court’s mandate has now been received by our court and recites that the cause “is hereby, remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Kokoszka v. Belford, 417 U.S. 642, 94 S.Ct. 2431, . . . .” 41 L.Ed.2d 374 (1974).
We think that the District Court should be allowed the first opportunity for the further consideration required by the Supreme Court. Accordingly, the judgment of the District Court is reversed, and the cause is remanded to the District Court for further proceedings not inconsistent with Kokoszka v. Belford, supra.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Houston, 547 F.2d 104 (9th Cir. 1976)
-
In re Brissette, 561 F.2d 779 (9th Cir. 1977)
-
United States v. Place, 561 F.2d 213 (10th Cir. 1977)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kokoszka v. Belford in Bankruptcy, 417 U.S. 642 (U.S. 1974)
- Norton v. Weinberger, 418 U.S. 902 (U.S. 1974)
- Local 2150, Int'l Bhd. of Elec. Workers, AFL-CIO v. Nat'l Labor Relations Bd., 418 U.S. 902 (U.S. 1974)
- In re James v. James, 470 F.2d 996 (9th Cir. 1972)
- In re Kingswood v. Carlyle Michelman-Appellee, 470 F.2d 996 (9th Cir. 1972)