No. 21-701

Oakley Grain, Inc., et al. v. M. Randy Rice, Chapter 7 Trustee, et al.

Lower Court: Eighth Circuit
Docketed: 2021-11-12
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy bankruptcy-court circuit-split civil-procedure district-court injunction interpleader standing state-court-lawsuit
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the Eighth Circuit erred in affirming the District Court's Order affirming the Bankruptcy Court's ruling that the State Court lawsuit did not violate an Injunction issued pursuant to 28 U.S.C. § 2361

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Eighth Circuit erred in affirming the District Court’s Order affirming the Bankruptcy Court’s ruling that the State Court lawsuit did not violate an Injunction issued pursuant to 28 U.S.C. § 2361 on the basis that the Petitioner failed to first prove that the State Court Lawsuit seeks to recover interpleader funds. In so holding, the Eighth Circuit’s current decision is in conformity with a similar decision of the Tenth Circuit both of which decisions directly conflict with decisions of the Eighth, Second and Ninth Circuits.

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-11-24
Waiver of right of respondents Scott Mears Farms, Inc. & Travis Mears Farms, Inc. d/b/a Mears Bros. Farms to respond filed.
2021-11-22
Waiver of right of respondents M. Randy Rice, Chapter 7 Trustee to respond filed.
2021-11-07
Petition for a writ of certiorari filed. (Response due December 13, 2021)

Attorneys

M. Randy Rice, Chapter 7 Trustee
Hamilton Moses MitchellH. M. Mithcell & Co., PLLC, Respondent
Hamilton Moses MitchellH. M. Mithcell & Co., PLLC, Respondent
Oakley Grain, Inc., et al.
Stuart Winston HankinsHankins Law Firm, P.A., Petitioner
Stuart Winston HankinsHankins Law Firm, P.A., Petitioner
Scott Mears Farms, Inc. & Travis Mears Farms, Inc. d/b/a Mears Bros. Farms
Herbert David BlairBlair & Stroud, Respondent
Herbert David BlairBlair & Stroud, Respondent