PERRY

v.

ZYSSET ET AL.

Citator

Cited By

• Cohen v. Ill. Inst. OF Tech., 581 F.2d 658 (7th Cir. 1978)
  …d a complaint is entrusted to the sound discretion of the trial court. Esquire Restaurant, Inc. v. Commonwealth Ins. Co. of New York, 393 F. 2d 111, 116 (7th Cir. 1968); Kamsler v. H. A. Seinscheimer Co., 347 F. 2d 740, 742 (7th Cir.), cert. denied, 382 U.S. 837, 86 S.Ct. 84, 15 L.Ed.2d 79 (1965). Nevertheless the hallmark of sound judicial discretion is the lawfulness of the action taken. In that vein, IIT contends that the [*662] District Court’s action was lawful and correct in that (1) a party has no ri…
• Fulton v. Chicago, 481 F.2d 326 (8th Cir. 1973)
  …rly within its knowledge the facts which may relieve it of liability, Missouri Pac. R. R. Co. v. Elmore & Stahl, 377 U.S. 134, 143-144, 84 S.Ct. 1142, 12 L.Ed.2d 194 (1964); Lux Art Van Serv., Inc. v. Pollard, 344 F. 2d 883 (9th Cir.), cert. denied, 382 U. S. 837, 86 S.Ct. 85, 15 L.Ed.2d 80 (1965), but it is liable under the statute only for damage “caused by” it and therefore can escape liability by proving the damage was due to an excepted cause and “that it was free from negligence. . . .” Missouri Pac. R…
• In re King-Porter Co., Inc. v. Bankruptcy, 446 F.2d 722 (5th Cir. 1971)
  …could become superior to the rights of [claimant].” At this point in our inquiry, we must look to Mississippi law to determine the precise time when a transfer occurred. Matthews v. James Talcott, Inc., 7 Cir. 1965, 345 F. 2d 374, 378, cert. denied, 382 U.S. 837, 86 S.Ct. 84, 15 L.Ed.2d 79; Rialto Publishing Co. v. Bass, 9 Cir. 1963, 325 F. 2d 527, 529. It is important to understand that § 60(a) (2) does not make the test of when a transfer occurs one of when the state law may denominate a security interes…