green
Positive treatment
Quoted verbatim 3×
5.4 score
“when parties agree in advance that one party will indemnify the other party in the event of a certain occurrence, there exists a right to payment, albeit contingent, upon the signing of the agreement.”
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Concord Boat Corp. v. Brunswick Corp.
acts which are ordinary business practices typical of those used in a competitive market do not constitute anti-competitive conduct violative of section 2.
discussed
Cited as authority (quoted)
In Re F.B.F. Industries, Inc.
bankruptcy judges have defined a contingent claim as a claim which becomes due only on the occurrence of a future event
examined
Cited as authority (quoted)
O'Neil v. Shipman (In re Pratt & Whitney Co.)
when parties agree in advance that one party will indemnify the other party in the event of a certain occurrence, there exists a right to payment, albeit contingent, upon the signing of the agreement.
discussed
Cited as authority (rule)
Act, Inc. v. Sylvan Learning Systems, Inc.
Sylvan's pursuit of an agreement with NASD cannot be characterized as "conduct [that] makes sense only because it eliminates competition." Trace X Chem., Inc. v. Canadian Indus., Ltd., 738 F.2d 261 , 266 (8th Cir.1984), cert. denied, 469 U.S. 1160 , 105, S.Ct. 911, 83 L.Ed.2d 925 (1985).
discussed
Cited as authority (rule)
TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)
In In re Frenville Co., 744 F.2d 332, 336-37 (3d Cir.1984), cert. denied, 469 U.S. 1160 , 105 S.Ct. 911 , 83 L.Ed.2d 925 *868 (1985), the Third Circuit Court of Appeals, while agreeing that the term “claim” was exceedingly broad, posited a notoriously-belated notion of when a claim arises, i.e., not until a right of the creditor to payment of the claim arises.
discussed
Cited "see"
Geiger v. Pennsylvania (In Re Geiger)
See In the Matter of Frenville, 744 F.2d 332 (3d Cir.1984), cert. denied 469 U.S. 1160 , 105 S.Ct. 911 , 83 L.Ed.2d 925 (1985), in which the Court, applying New York law, found that a claim for contribution or indemnification was not subject to the automatic stay because it arose post-petition when the indemnification suit was filed (the first point when suit could be commenced under New York law), not pre-petition when the acts giving rise to liability occurred. 10 . 11 U.S.C. § 525 (a) codified the United States Supreme Court’s decision in Perez v. Campbell, 402 U.S. 637 , 91 S.Ct. 1704 ,…
discussed
Cited "see"
Universal Analytics, Inc. v. MacNeal-Schwendler Corp.
See Trace X Chemical, Inc. v. Canadian Industries, Ltd., 738 F.2d 261, 268 (8th Cir.1984) (statements supporting inference of anti-competitive intent not enough to transform otherwise legitimate business activities into anti-competitive conduct), cert. denied, 469 U.S. 1160 , 105 S.Ct. 911 , 83 L.Ed.2d 925 (1985); see also Dahl, Inc. v. Roy Cooper Co., 448 F.2d 17, 19 (9th Cir.1971) (statement by defendant’s employee to plaintiffs employee that defendant would drive plaintiff out of business if plaintiff chose to compete cannot sustain a Section 2 claim.
cited
Cited "see"
Michigan State Podiatry Ass'n v. Blue Cross & Blue Shield
See Royal Drug Co. v. Group Life and Health Insurance Co., 737 F.2d 1433 (5th Cir.1984), cert. denied, 469 U.S. 1160 , 105 S.Ct. 912 , 83 L.Ed.2d 925 (1985).
cited
Cited "see, e.g."
Baskin v. Wade (In Re Brenner)
Compare In re Frenville, Inc., 744 F.2d 332, 335-37 (3d Cir.1984), cert. denied, 469 U.S. 1160 , 105 S.Ct. 911 , 83 L.Ed.2d 925 (1985).
discussed
Cited "see, e.g."
Chris W. Henry, Trustee in Bankruptcy for Midwest Battery, Inc., and Cross-Appellant v. Chloride, Inc., a Delaware Corporation, and Cross-Appellee
Evidence of intent alone can be ambiguous or misleading.” Conoco, Inc. v. Inman Oil Co., 774 F.2d 895 , 904 n. 6 (8th Cir.1985); see also Trace X Chemical, Inc. v. Canadian Industries Ltd., 738 F.2d 261, 268 (8th Cir.1984), ce rt. denied, 469 U.S. 1160 , 105 S.Ct. 911 , 83 L.Ed.2d 925 (1985).
Retrieving the full opinion text from the archive…
American Fundamentalist Church
v.
County of Hennepin
v.
County of Hennepin
No. 84-800.
Supreme Court of the United States.
Jan 14, 1985.
Published
Sup. Ct. Minn. Certiorari denied.