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Superpumper, Inc. v. Nerland Oil

Docket No. 20000103
Oral Argument: Wednesday, September 20, 2000 2:45pm

Docket Info

Title
Superpumper, Inc., Plaintiff and Appellee
v.
Nerland Oil, Inc, Defendant
--------
West Fargo Truck Stop, Inc., Appellant
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 97-C-138
Southeast Judicial District, Stutsman County
Mikal Simonson
2000 ND 220620 N.W.2d 159

Highlight

The automatic bankruptcy stay applies to actions against a non-debtor codefendant where there is such an identity between the debtor and the codefendant that the debtor is the real party defendant and a judgment against the codefendant is, in effect, a judgment against the debtor.


Briefs

Filing Date Description
05/12/2000 APPELLANT BRIEF View
06/14/2000 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jay D Carlson - 03530
DEFENDANT BANKRUPTCY TRUSTEE Kip M Kaler - 03757

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/06/2000 NOTICE OF APPEAL : 04/04/2000
2 04/06/2000 No Transcript of Arbitration Proceeding
3 05/10/2000 RECORD ON APPEAL (2 vols.) and Exhibits (NOT REC'D: #49-Acknowledgement of Tran. & #60-Nerland Oil
4 05/10/2000 Exhibits 1-26, which the clerk indicates were in a separate spiral binder)
5 05/12/2000 APPELLANT BRIEF View
6 05/12/2000 APPELLANT APPENDIX
7 05/17/2000 Letter dated 5-15-00 from John J. Petrik (Pringle & Herigstad) stating he will be handling appeal
8 05/17/2000 (replaced Tom Wentz, Jr.)
9 05/22/2000 Orig. & 8 cc of amended T. of Cases, pgs. 1,3,5 for ATB, TOC & NOA for ATA
10 05/22/2000 DISK of ATB
11 05/26/2000 Affidavit of Norine A. Knudson dated 5-25-00 stating that Entry No. 60 in the Register of Action
12 05/26/2000 does not exist & the items listed in Entry No. 60 are actually contained in Entry No. 61A(Affid has
13 05/26/2000 been entered in Record as Entry No. 86C)
14 06/14/2000 APPELLEE BRIEF View
15 06/15/2000 DISK - AEB
16 06/27/2000 Letter dated 5-12-00 from Jay D. Carlson, counsel for AT re he will NOT be filing a Reply Brief
17 09/20/2000 APPEARANCES: Jay D. Carlson; John J. Petrik
18 09/20/2000 ARGUED: Carlson; Petrik (Vol. X; page 58B)
19 11/02/2000 Copy of Memorandum Opinion and Order of the Bankruptcy Court
20 11/28/2000 Copy of the Notice of Appeal to the U.S. Bankruptcy Appellate Panel for the Eighth Circuit
21 12/01/2000 Letter from John J. Petrik dated 11-30-00 with copy of Notice of Appeal to the US Bankruptcy
22 12/10/2000 Appellate Panel for the Eighth Circuit
23 12/21/2000 DISPOSITION
24 12/21/2000 UNANIMOUS OPINION : Kapsner, Carol Ronning View
25 12/21/2000 Costs on appeal taxed in favor of appellant
26 12/22/2000 Order/Judgment Mailed to Parties
27 01/16/2001 MANDATE
28 01/19/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
29 05/18/2007 EXPUNGED - Nonpermanent record items destroyed