U.S. District Court, District of Minnesota, 1969

In re Bichel Optical Laboratories, Inc.

U.S. District Court, District of Minnesota · Decided January 29, 1969 · No. 4-68-Bky 1246 · Larson

299 F. Supp. 550 (Federal Supplement)

Counsel

Donald R. Johnston, Minneapolis, Minn., for petitioning creditors., James B. Lund, Minneapolis, Minn., for alleged bankrupt.

Cases that cite this one

1 later published case cites this decision.

In re Bichel Optical Laboratories, Inc. (D. Minn. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM

LARSON, District Judge.

The case of Associated Electronic Supply Co. of Omaha v. C. B. S. Electronic Sales Corp., 288 F.2d 683 (8 Cir. 1961), states that a counterclaim may not be asserted as a basis for the recovery of a judgment for damages against a petitioning creditor. See also, Schreffler v. Schreffler, 155 F.2d 221, 222,10 Cir., and decisions at United States v. Verrier, 179 F.Supp. 336 and In re Love B. Woods & Co., 222 F.Supp. 161.

ORDER

The motion to dismiss Shuron Continental, Division of Textron, Inc., as a petitioning creditor has been dismissed by the Alleged Bankrupt.

The motion of the Alleged Bankrupt to amend its Amended Answer to assert a counterclaim against petitioning creditor Shuron Continental, Division of Textron, Inc., is denied.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.