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Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Ruling
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
Procedural posture

Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.

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Commercial opinion summary, case decided on November 09, 2009 , LexisNexis #1209-025