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No. 8927857
United States Court of Appeals for the Ninth Circuit
Koehring Co. v. Nolden
No. 8927857 · Decided October 21, 1983
No. 8927857·Ninth Circuit · 1983·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 21, 1983
Citation
No. 8927857
Disposition
See opinion text.
Full Opinion
ORDER The parties’ joint petition for rehearing demonstrates that: (1) the “partial summary judgment” rendered in favor of defendant Nolden in the bankruptcy court was in fact a final disposition of all claims asserted by plaintiff against Nolden in the underlying adversary proceeding; (2) the order was subject to review by the Bankruptcy Appellate Panel under 28 U.S.C. § 1482 (a) and there was no need to seek the Panel’s permission to appeal under 28 U.S.C. § 1482 (b); (3) the prior stipulation that this court lacked jurisdiction to review that order by virtue of the rule in In re Rubin, 693 F.2d 73 (9th Cir.1982), was incorrect; and (4) Bankruptcy Rule 754 is no obstacle to appellate review in this case. The petition for rehearing is granted. The court’s August 22,1983 opinion dismissing this appeal is vacated. Appellants’ *973 opening brief shall be filed within 40 days of entry of this order.
Plain English Summary
ORDER The parties’ joint petition for rehearing demonstrates that: (1) the “partial summary judgment” rendered in favor of defendant Nolden in the bankruptcy court was in fact a final disposition of all claims asserted by plaintiff against
Key Points
01ORDER The parties’ joint petition for rehearing demonstrates that: (1) the “partial summary judgment” rendered in favor of defendant Nolden in the bankruptcy court was in fact a final disposition of all claims asserted by plaintiff against
02§ 1482 (a) and there was no need to seek the Panel’s permission to appeal under 28 U.S.C.
03§ 1482 (b); (3) the prior stipulation that this court lacked jurisdiction to review that order by virtue of the rule in In re Rubin, 693 F.2d 73 (9th Cir.1982), was incorrect; and (4) Bankruptcy Rule 754 is no obstacle to appellate review i
04The court’s August 22,1983 opinion dismissing this appeal is vacated.
Frequently Asked Questions
ORDER The parties’ joint petition for rehearing demonstrates that: (1) the “partial summary judgment” rendered in favor of defendant Nolden in the bankruptcy court was in fact a final disposition of all claims asserted by plaintiff against
FlawCheck shows no negative treatment for Koehring Co. v. Nolden in the current circuit citation data.
This case was decided on October 21, 1983.
Use the citation No. 8927857 and verify it against the official reporter before filing.