IRRIGATION & POWER EQUIPMENT, INC., ET AL.

v.

SIMS CONSOLIDATED, LTD.

Citator

Cited By (33 total)

• Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271 (U.S. 1988)
  …n procedural problems by the application of labels which have no currency, but also of considering the nature of law suits which were never brought.” Diematic Manufacturing Corp. v. Packaging Industries, Inc., 516 F. 2d 975, 978 (CA2), cert. denied, 423 U. S. 913 (1975). The task of characterizing stays as based in either law or equity has proved equally intractable. In an early case applying the doctrine, for example, this Court held that [*285] a stay of an action at law pending arbitration is appealable…
• In re Mobile Steel Co. v. Lester Y. Diamond in Bankr. for Mobile Steel, Inc., 563 F.2d 692 (5th Cir. 1977)
  …ounds, though broad, Sampsell v. Imperial Paper & Color Corp., 313 U.S. at 219) 61 S.Ct. at 907, 85 L.Ed. at 1298, is not unlimited. In re Ahlswede, 516 F. 2d 784, 787 (9th Cir. 1975), cert. denied sub nom. Stebbins v. CrockerCitizens National Bank, 423 U.S. 913, 96 S.Ct. 218, 46 L.Ed.2d 142 (1975). It confronts two principal bounds. First equitable considerations can justify only the subordination of claims, not their disallowance. “A claim that for reasons of equity must be postponed should be allowed, a…
• In re Graham v. Graham, 726 F.2d 1268 (8th Cir. 1984)
  …levied upon under state law. See Eaton v. Boston Safe Deposit & Trust Co., 240 U.S. 427, 429, 36 S.Ct. 391, 392, 60 L.Ed. 723 (1916); In re McLoughlin, 507 F. 2d 177, 181 (5th Cir. 1977); In re Ahlswede, 516 F. 2d 784, 786 (9th Cir.), cert, denied, 423 U.S. 913,96 S.Ct. 218, 46 L.Ed.2d 142 (1975). Thus to the extent a state recognized the validity of a spendthrift trust provision, the trustee in bankruptcy had no rights to the trust funds. First Northwestern Trust Co. v. Internal Revenue Service, 622 F. 2d…