Walter Marlin Brown & Burdean Ruth Brown v. First Nat'l Bank in Lenox, 844 F.2d 580 (1st Cir. 1988). · Go Syfert
Walter Marlin Brown & Burdean Ruth Brown v. First Nat'l Bank in Lenox, 844 F.2d 580 (1st Cir. 1988). Cases Citing This Book View Copy Cite
“ne panel of this court is not at liberty to overrule an opinion filed by another panel. only the court en banc may take such a step.”
55 citation events (12 in the last 25 years) across 14 distinct courts.
Strongest positive: Hayes v. Griffin (ared, 2021-09-03)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hayes v. Griffin
E.D. Ark. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ne panel of this court is not at liberty to overrule an opinion filed by another panel. only the court en banc may take such a step.
discussed Cited as authority (verbatim quote) Jeffrey Bates v. Missouri & Northern Ark RR
8th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
ne panel of this court is not at liberty to overrule an opinion filed by another panel.
discussed Cited as authority (rule) Mays Ex Rel. Mays v. Board of Education of the Hamburg School District
8th Cir. · 2016 · confidence medium
Because “one panel of this Court is not at liberty to overrule an opinion filed by another panel,” Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir. 1988), the Rufo standard applies to the present appeal. 5 .
cited Cited as authority (rule) Jesse James Jackson v. John F. Ault
8th Cir. · 2006 · confidence medium
Only the court en banc has the power to take such action, Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.1988), and Jackson urges us to advocate that it do so.
cited Cited as authority (rule) Jesse James Jackson v. John F. Ault
8th Cir. · 2006 · confidence medium
Only the court en banc has the power to take such action, Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir. 1988), and Jackson urges us to advocate that it do so.
cited Cited as authority (rule) Nelson v. Mickelson (In Re Pfleghaar)
8th Cir. BAP · 1997 · confidence medium
Bank in Lenox, 844 F.2d 580, 581 (8th Cir.1988) (same); Federal Deposit Ins.
cited Cited as authority (rule) Wayne G. Nelson v. J.J. Mickelson
8th Cir. BAP · 1997 · confidence medium
Bank in Lenox, 844 F.2d 580, 581 (8th Cir. 1988) (same); Federal Deposit Ins.
discussed Cited as authority (rule) Luedtke v. Nationsbanc Mortgage Corp. (In Re Luedtke)
8th Cir. BAP · 1997 · confidence medium
See Foss v. U.S., 865 F.2d 178, 180 (8th Cir.1989) (one panel of the Eighth Circuit Court of Appeals cannot reverse another panel; such action requires an en banc decision); Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 581 (8th Cir.1988) (same); Federal Deposit Ins.
cited Cited as authority (rule) United States v. Martin Perkins
8th Cir. · 1996 · confidence medium
Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.1988).
cited Cited as authority (rule) United States v. Martin Perkins
8th Cir. · 1996 · confidence medium
Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir. 1988).
discussed Cited as authority (rule) Richard Wayne Snell v. A.L. Lockhart, Richard Wayne Snell v. A.L. Lockhart
8th Cir. · 1994 · confidence medium
A panel of this court is not at liberty to overrule the established law of the circuit, Goff v. Burton, 7 F.3d 734, 738 (8th Cir.1993); Campbell v. Purkett, 957 F.2d 535, 536 (8th Cir.1992); Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.), cert. dismissed, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988), and nothing in Mid-dlebrooks leads us to believe that the Supreme Court has decided, or is going to decide, that Perry was bad law.
cited Cited as authority (rule) Chester A. Bettis v. Paul Delo, Superintendent Don Roper, Assistant Superintendent, Programs, Pcc
8th Cir. · 1994 · confidence medium
Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.), cert. denied, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
discussed Cited as authority (rule) United States v. Lawrence A. Saffeels
8th Cir. · 1992 · confidence medium
Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.) ("one panel of this Court is not at liberty to overrule an opinion filed by another panel”), cert. dismissed, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
cited Cited as authority (rule) Sours v. Long
8th Cir. · 1992 · confidence medium
Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.), cert. denied, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988). 3 Accordingly, we affirm. 1 The Honorable William L.
cited Cited as authority (rule) Sours v. Long
8th Cir. · 1992 · confidence medium
Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.), cert. denied, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
discussed Cited as authority (rule) Cameron v. Pfaff Plumbing And Heating
8th Cir. · 1992 · confidence medium
We do not reach the question whether Asp received reasonably equivalent value for the Assignment. 17 The judgment of the district court is reversed and the case is remanded to the bankruptcy court for further proceedings consistent with this opinion. 1 This court relied on state law in deciding whether an installment land sale contract was an executory contract or a security interest for purposes of § 365 in Heartline Farms, Inc. v. Daly, 934 F.2d 985 (8th Cir.1991), aff'g 128 B.R. 246, 251 (D.Neb.1990) (Neb. law); Brown v. First Nat'l Bank, 844 F.2d 580, 581 (8th Cir.), cert. dismissed, 487 …
discussed Cited as authority (rule) Cameron v. PFAFF Plumbing & Heating, Inc.
8th Cir. · 1992 · confidence medium
This court relied on state law in deciding whether an installment land sale contract was an executory contract or a security interest for purposes of § 365 in Heartline Farms, Inc. v. Daly, 934 F.2d 985 (8th Cir.1991), aff'g 128 B.R. 246, 251 (D.Neb.1990) (Neb. law); Brown v. First Nat'l Bank, 844 F.2d 580, 581 (8th Cir.), cert. dismissed, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988) (Iowa law); and In re Speck, 798 F.2d 279, 280 (8th Cir.1986) (S.D. law).
cited Cited as authority (rule) In Re Pogue
Bankr. E.D. Mo. · 1991 · confidence medium
Bank in Lenox, 844 F.2d 580, 581 (8th Cir.1988); In re Speck, 798 F.2d 279, 280 (8th Cir.1986).
cited Cited as authority (rule) Heartline Farms, Inc. v. Daly
D. Neb. · 1990 · confidence medium
Brown v. First National Bank in Lenox, 844 F.2d 580, 581 (8th Cir.1988).
discussed Cited as authority (rule) Rick Dean Bressman v. Hal Farrier, George Goff v. Crispus Nix Harold Farrier Deputy Warden Henry Correctional Officer Spangler Correctional Officer Rooney Correctional Officer Marshall Correctional Officer Severin Correctional Officer Drummond Correctional Officer Stevens Correctional Officer Fields Correctional Officer Dilks, George Goff v. Steve Dailey, Superintendent of Clarinda Correctional Officer Huskins, Laurence Burgin v. Hal Farrier Paul Grossheim Crispus Nix Ron Welder Charles Harper Marion Ware John Sanders Randall Martain R.W. McVeigh John Lewis A.K. Anderson Richard McAllon Neal Breding Captain Bridle J.R. Goetz Gerald Dolf George Finn Lt. Mitchell Paul Schrock John Dewey Richard Larkin George Clymax Rick Barlow Donell Prough Lt. Birdsell Steve Young Kevin Selton Lt. Barnard Lt. Crowell James Rennea Ray Olson Pat McLaughlin Bob Washington, Ronald W. Brewer and James Whited, Jr. v. John Henry Sarah Coats James Burton (Captain), Ronald A. Mahers v. Crispus C. Nix Charles Harper Ken Wittry Ronald G. Welder Paul Grossheim, Charles O. Reese v. Hal Farrier C.C. Nix, Warden Hedgepeth John Henry Ron G. Welder Charles Harper, Chester Walton, Jr. v. Crispus C. Nix Charles Harper Lieutenant Ship Ronald G. Welder
8th Cir. · 1990 · confidence medium
See Gwin v. Snow, 870 F.2d at 625 -66 16 "A decision of a panel of this court is the law of the circuit and we are compelled to follow it." Dudley v. Dittmer, 795 F.2d 669, 673 (8th Cir.1986); accord Foss v. United States, 865 F.2d 178, 180 (8th Cir.1989); Brown v. First Nat'l Bank, 844 F.2d 580, 582 (8th Cir.1988); United States v. Lewellyn, 723 F.2d 615, 616 (8th Cir.1983) 17 Graham was no longer confined by the time we considered his 1983 claim. 772 F.2d at 443 n. 2.
discussed Cited as authority (rule) Bressman v. Farrier
8th Cir. · 1990 · confidence medium
"A decision of a panel of this court is the law of the circuit and we are compelled to follow it.” Dudley v. Dittmer, 795 F.2d 669, 673 (8th Cir.1986); accord Foss v. United States, 865 F.2d 178, 180 (8th Cir.1989); Brown v. First Nat’l Bank, 844 F.2d 580, 582 (8th Cir.1988); United States v. Lewellyn, 723 F.2d 615, 616 (8th Cir.1983). .
cited Cited as authority (rule) In re Howard
E.D. Mo. · 1989 · confidence medium
Bank In Lenox, 844 F.2d 580, 581 (8th Cir.1988).
discussed Cited as authority (rule) United States v. Kenneth Arpan (2×)
8th Cir. · 1989 · confidence medium
Brown v. First Nat’l Bank, 844 F.2d 580, 582 (8th Cir.), cert. dismissed, — U.S. -, 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
discussed Cited as authority (rule) United States v. Peter Andrew Robinson
8th Cir. · 1989 · confidence medium
In any event, “[o]ne panel of this Court is not at liberty to overrule an opinion filed by another panel.” Brown v. First Nat’l Bank, 844 F.2d 580, 582 (8th Cir.), cert. dismissed, — U.S. -, 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
discussed Cited "see" Lauren Hawse v. Faisal Khan
8th Cir. · 2021 · signal: see · confidence high
See Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir. 1988). -18- The court concludes otherwise, but only because it disregards the standard of review and reads the complaint in the least charitable way possible.
discussed Cited "see" Bates v. Missouri & Northern Arkansas R. Co., Inc. (2×)
8th Cir. · 2008 · signal: see · confidence high
See Brown v. First Nat'l Bank, 844 F.2d 580, 582 (8th Cir.1988) ("[O]ne panel of this Court is not at liberty to overrule an opinion filed by another panel.").
cited Cited "see" United States v. Sirree Muhammed Riza
8th Cir. · 2001 · signal: see · confidence high
See Brown v. First National Bank in Lenox, 844 F.2d 580 (8th Cir.), cert. dismissed, 487 U.S. 1260 , 1261 (1988).
cited Cited "see" United States of America v. Sirree Muhammed Riza
8th Cir. · 2001 · signal: see · confidence high
See Brown v. First National Bank in Lenox, 844 F.2d 580 (8th Cir.), cert. dismissed, 487 U.S. 1260 , 1261, 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
discussed Cited "see" Bryce Hepper v. Adams County, Nd (2×)
8th Cir. · 1998 · signal: see · confidence high
See Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.1988) (one panel of the Circuit may not reverse a decision of another panel). 11 We review a grant or denial of relief under Rule 60(b) of the Federal Rules of Civil Procedure for an abuse of discretion.
cited Cited "see" Bryce Hepper v. Adams County
8th Cir. · 1998 · signal: see · confidence high
See Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir. 1988) (one panel of the Circuit may not reverse a decision of another panel).
discussed Cited "see" United States v. Jeffrey Ray Morse
8th Cir. · 1994 · signal: see · confidence high
See Brown v. First Nat'l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.), cert. denied, 487 U.S. 1260 (1988). 6 Accordingly, we affirm Morse's conviction and sentence. 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota 2 The Honorable Harry H.
discussed Cited "see" Randy T. Edmundson v. C.A. Turner, Warden, United States Medical Center for Federal Prisoners, Springfield, Missouri U.S. Parole Commission (2×)
8th Cir. · 1992 · signal: see · confidence high
See Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.) (“[Ojne panel of this Court is not at liberty to overrule an opinion filed by another panel.
cited Cited "see" In re Heartline Farms, Inc.
Bankr. D. Neb. · 1990 · signal: see · confidence high
See Brown v. First Nat’l Bank in Lenox, 844 F.2d 580 (8th Cir.1988), cert. dismissed, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 ; In re Speck, 798 F.2d at 280 .
discussed Cited "see" United States v. James Neavill (2×)
8th Cir. · 1989 · signal: see · confidence high
See Brown v. First Nat’l Bank, 844 F.2d 580, 582 (8th Cir.), cert. denied, — U.S. -, 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
cited Cited "see" In Re Coffman
Bankr. S.D. Ind. · 1988 · signal: see · confidence high
See Brown v. First National Bank, 844 F.2d 580, 581 (8th Cir.1988). 15.
cited Cited "see, e.g." Stanley Joseph v. Kenneth Allen
8th Cir. · 2013 · signal: see also · confidence medium
See also Brown v. First Nat’l Bank in Lenox, 844 F.2d 580, 582 (8th Cir.1988) (“[0]ne panel of this Court is not at liberty to overrule an opinion filed by another panel.
discussed Cited "see, e.g." Kathleen A. Laughlin, Trustee v. United States Internal Revenue Service, (Two Cases). Kathleen A. Laughlin v. United States Internal Revenue Service (2×)
8th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Brown v. First Nat'l Bank, 844 F.2d 580, 582 (8th Cir.), cert. dismissed, 487 U.S. 1260 , 109 S.Ct. 20 , 101 L.Ed.2d 971 (1988).
Retrieving the full opinion text from the archive…
Walter Marlin BROWN and Burdean Ruth Brown, Appellants,
v.
FIRST NATIONAL BANK IN LENOX, Appellee
88-1168.
Court of Appeals for the First Circuit.
Apr 21, 1988.
844 F.2d 580
Marlyn S. Jensen, Osceola, Iowa, for appellants., Pamela D. Griebel, Des Moines, Iowa, for appellee.
Arnold, Wollman, Ross.
Cited by 51 opinions  |  Published
ARNOLD, Circuit Judge.

The appellants, Walter Marlin Brown and Burdean Ruth Brown, are the farmer-debtors in this proceeding under the newly enacted Chapter 12 of the Bankruptcy Code, 11 U.S.C. §§ 1201 et seq. The appellee, First National Bank in Lenox, has a security interest in a contract for deed under which the debtors have been buying a piece of real property. The question presented is whether a contract for deed is to be classified for purposes of Chapter 12 as an exec-utory contract, which the debtors must either reject or complete, or a lien, in which event the bank would be treated as a secured creditor only to the extent of the fair market value of the property at the time of the filing of the bankruptcy proceeding.

The Bankruptcy Court [1] held that the bank’s interest was properly classified as an executory contract and gave the debtors ten days either to assume or reject it. The District Court [2] affirmed, and the debtors brought this appeal.

In In re Speck, 798 F.2d 279 (8th Cir.1986) (per curiam), a proceeding under Chapter 11, we held that whether a given interest was to be classified as a lien or an executory contract was to be determined by state law. In Speck the relevant law was that of South Dakota, and we held that under that law a contract for deed was classified as an executory contract. Here, both the Bankruptcy Court and the District Court found to the same effect under Iowa law. The debtors have presented no solid reason why we should depart from our normal practice of deferring to the view of a district court on the law of its own state, and we accordingly accept this holding of Iowa law, concurred in by both of the courts below.

It follows, under Speck, that contracts for deed in Iowa, as in South Dakota, are executory contracts, rather than liens, for purposes of the Bankruptcy Code. The debtors suggest that because this is a Chapter 12 proceeding, a different result should follow, but it is impossible to square this argument with the statute itself, which expressly adopts the same executory-con-tract provisions applicable to bankruptcy proceedings generally. See 11 U.S.C. §§ 1222(b)(6), 365. It is true enough, as the debtors point out, that Chapter 12 was intended to be remedial and to relieve the situation of some farmer-debtors who were unable to obtain relief under pre-existing law. But this general purpose cannot pre[*582] vail against explicit statutory language, such as that which faces us here.

Appellants’ real argument, and their brief frankly concedes it, is that “[t]his appeal is a request to this Court to review the position taken in In re Speck, 798 F.2d 279 (8th Cir.1986), wherein this Court determined that State law determines whether or not a contract is executory pursuant to Section 365.” Brief of Appellants p. 2. Unfortunately for appellants’ position, one panel of this Court is not at liberty to overrule an opinion filed by another panel. Only the Court en banc may take such a step. We are therefore bound by Speck, and we have no alternative but to affirm this judgment.

Affirmed.

1

. The Hon. Lee Jackwig, United States Bankruptcy Judge for the Southern District of Iowa.

2

. The Hon. W.C. Stuart, Senior United States District Judge for the Southern District of Iowa.