In re Midland United Co.

Third Circuit

In re Midland United Co.

141 F.2d 692, 1944 U.S. App. LEXIS 3775

CourtCourt of Appeals for the Third Circuit

DecidedMarch 21, 1944

DocketNo. 8580

StatusPublished

Cited by6 cases

This text of 141 F.2d 692 (In re Midland United Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Midland United Co., 141 F.2d 692, 1944 U.S. App. LEXIS 3775 (3d Cir. 1944).

Pincite

Opinion

PER CURIAM.

The court is satisfied that the appeal in this case is wholly frivolous and was taken for the purpose of delay. Moreover the facts are such as to move us to award to the trustee of the debtor and to the trustees of Midland Utilities Company, as appellees, damages for the expense and delay occasioned by the appeal as we are empowered to do by Sec. 1010, Rev.Stats., 28 U.S.C. A. § 878. Compare Deming v. Carlisle Packing Co., 1912, 226 U.S. 102, 33 S.Ct. 80, 57 L.Ed. 140; Slaker v. O’Connor, 1929, 278 U.S. 188, 49 S.Ct. 158, 73 L.Ed. 258. Accordingly the appeal is dismissed and the said trustees as appellees are awarded as damages the cost of printing their brief and appendix in support of their motion to dismiss the appeal and in addition thereto the sum of $1,000 on account of the counsel fees incurred by them in connection with the appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The court is satisfied that the appeal in this case is wholly frivolous and was taken for the purpose of delay. Moreover the facts are such as to move us to award to the trustee of the debtor and to the trustees of Midland Utilities Company, as appellees, damages for the expense and delay occasioned by the appeal as we are empowered to do by Sec. 1010, Rev.Stats., 28 U.S.C. A. § 878. Compare Deming v. Carlisle Packing Co., 1912, 226 U.S. 102, 33 S.Ct. 80, 57 L.Ed. 140; Slaker v. O’Connor, 1929, 278 U.S. 188, 49 S.Ct. 158, 73 L.Ed. 258. Accordingly the appeal is dismissed and the said trustees as appellees are awarded as damages the cost of printing their brief and appendix in support of their motion to dismiss the appeal and in addition thereto the sum of $1,000 on account of the counsel fees incurred by them in connection with the appeal.

Cite This Page — Counsel Stack

Bluebook (online)

141 F.2d 692, 1944 U.S. App. LEXIS 3775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-midland-united-co-ca3-1944.

Opinion

Related

Cite This Page — Counsel Stack