· 9/27/1976
The Liberty National Bank & Trust Company of Oklahoma City, a National Banking Corporation v. Acme Tool Division of the Rucker Company
Citations
- 540 F.2d 1375
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating “An allegation that the stakeholder is liable to one or more of the claimants may be raised in the form of a counterclaim.”
- affirming finding of unreasonableness in creditor’s failure, inter alia, to advertise oil drilling rig in appropriate trade or commercial journals and to contact potential industry purchasers directly or through a professional auctioneer
- failure to clean, paint, and dismantle an oil rig before sale was not commercially reasonable
- stakeholder’s request for discharge of liability and for judicial protection against further claims creates the adversity necessary to satisfy the “opposing party” requirement of the rule concerning compulsory counterclaims
- mandamus issued to compel district court to dismiss counterclaim filed in interpleader action
Source: CourtListener parenthetical corpus (CC0).
Judges: Lewis, Breitenstein, Hill, Seth, McWilliams, Barrett, Doyle, Holloway
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.