green
Positive treatment
Quoted verbatim 1×
5.3 score
“f a legislative classification neither impinges on a fundamental personal right nor employs an inherently suspect classification, the court will generally uphold the classification if it is rationally related to a legitimate state interest.”
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Adamson v. City of Provo, Utah
f a legislative classification neither impinges on a fundamental personal right nor employs an inherently suspect classification, the court will generally uphold the classification if it is rationally related to a legitimate state interest.
discussed
Cited as authority (rule)
Kukla v. Village of Antioch
But, on the other hand, in Potter v. Murray City, 760 F.2d 1065 (10th Cir.), cert. denied, 474 U.S. -, 106 S.Ct. 145 , 88 L.Ed.2d 120 *804 (1985), a Utah municipality could constitutionally discharge a policeman on discovering that he practiced polygamy, even though he asserted not only his right to privacy but his admittedly sincere religious beliefs.
cited
Cited "see"
In the Matter of Superior Toy & Manufacturing Company, Incorporated, Also Known as Carter Manufacturing Company, an Illinois Corporation, Debtor. Appeal of Catherine Steege, Not Individually but as Trustee for Superior Toy & Manufacturing Company, Incorporated
See In re Lovitt, 757 F.2d 1035, 1041 (9th Cir.) (analogizing a rejection order to an abandonment order), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985).
cited
Cited "see"
In re Superior Toy & Manufacturing Co.
See In re Lovitt, 757 F.2d 1035, 1041 (9th Cir.) (analogizing a rejection order to an abandonment order), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985).
cited
Cited "see"
U.S.A. for Veterans Administration v. Benson (In Re Benson)
See Cheadle v. Appleatchee Riders Ass’n, 757 F.2d 1035 (9th Cir.1985), reh’g denied, cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985).
discussed
Cited "see"
Wilson v. Sonora Convalescent Hospital, Inc. (In Re Sonora Convalescent Hospital, Inc.)
See In re Lovitt, 757 F.2d 1035, 12 C.B.C. 2d 845 (9th Cir.1985), cert. denied, — U.S. -, 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985) (presumption that trustee must assume unexpired lease within sixty days or lease is deemed rejected is conclusive); Local Joint Executive Board, etc. v. Hotel Circle, 613 F.2d 210 (9th Cir.1980) (executory contract is not assumed merely by the trustee’s knowing conformity to its terms); Las Margaritas, Inc., 54 B.R. 98 , 13 C.B.C. 2d 826 (Bankr.Nev.1985) (a debtor must seek formal court approval of its decision to assume an unexpired lease within the 60-day period…
discussed
Cited "see, e.g."
In Re Mark Bell Furniture Warehouse, Incorporated
Debtor does not allege that it is an "aggrieved person," nor does the record indicate that Debtor possesses "standing." See, e.g., Rumford Pharmacy, Inc. v. City of East Providence, 970 F.2d 996, 1001 (1st Cir.1992) ("standing" requires, inter alia, "personal injury fairly traceable to the allegedly unlawful conduct"); see also In re Lovitt, 757 F.2d 1035, 1039 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985). 9 First, all the Debtor's property became property of the chapter 7 estate long before the auction sale.
discussed
Cited "see, e.g."
Mark Bell Furniture Warehouse, Inc. v. D.M. Reid Associates, Ltd. (In Re Mark Bell Furniture Warehouse, Inc.)
Debtor does not allege that it is an “aggrieved person,” nor does the record indicate that Debtor possesses “standing.” See, e.g., Rumford Pharmacy, Inc. v. City of East Providence, 970 F.2d 996, 1001 (1st Cir.1992) (“standing” requires, inter alia, “personal injury fairly traceable to the allegedly unlawful conduct”); see also In re Lovitt, 757 F.2d 1035, 1039 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985).
discussed
Cited "see, e.g."
Mark Bell Furniture Warehouse, Inc. v. D.M. Reid Associates, Ltd.
Debtor does not allege that it is an “aggrieved person,” nor does the record indicate that Debtor possesses “standing.” See, e.g., Rumford Pharmacy, Inc. v. City of East Providence, 970 F.2d 996, 1001 (1st Cir.1992) (“standing” requires, inter alia, “personal injury fairly traceable to the allegedly unlawful conduct”); see also In re Lovitt, 757 F.2d 1035, 1039 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985).
discussed
Cited "see, e.g."
Cobabe v. Stanger
Andrew, Executory Contracts in Bankruptcy: Understanding “Rejection”, 59 U.Colo.L.Rev. 845, 851-52 (1988) [hereinafter Andrew]. 7 . 11 U.S.C. § 541 (a); see also In re Lovitt, 757 F.2d 1035 , 1040-41 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985). 8 .
cited
Cited "see, e.g."
United States v. Schwimmer
See also, In re Lovitt, 757 F.2d 1035, 1039 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985) (adopting Restatement (Second) of Judgments § 76).
cited
Cited "see, e.g."
United States v. Schwimmer
See also, In re Lovitt, 757 F.2d 1035, 1039 (9th Cir.), cert. denied, 474 U.S. 849 , 106 S.Ct. 145 , 88 L.Ed.2d 120 (1985) (adopting Restatement (Second) of Judgments § 76).
Retrieving the full opinion text from the archive…
Sims
v.
Cooke
v.
Cooke
No. 85-203.
Supreme Court of the United States.
Oct 7, 1985.
C. A. 2d Cir. Certiorari denied.