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Opinion 74

Case Name: 

In re L.W. Gardner Co.

Judge: 
Judge Clark
Date: 
Mar-30-1983
Case Number(s): 
80C-2316
Status: 

UNPUBLISHED

Body: 

With approval of the court, chapter 11 trustee hired two individuals to round up and sell debtor's cattle. Prior to the scheduled sale, debtor's principal filed a complaint against trustee's agents in district court, seeking to enjoin the cattle sale, total damages of $40 million, plus costs and attorney's fees. When the agents were served, they declined to proceed with the sale. Trustee obtained an order to show cause against debtor's principal and his attorney. At a previous hearing, the court had found the lawsuit against the agents to be "meritless on its face," and that debtor's principal was in contempt because the suit had been filed in order to deter the agents from performing their duties. Thereafter, the sale was completed. At a later hearing on the contempt issues, the court determined that no penalty would be imposed on debtor's principal, and that no finding of contempt would be issued against his attorney, since the court's earlier contempt ruling had successfully induced compliance.

Internal Ref: 
Opinion 74
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