- 28 U.S.C.
Foster Poultry Farms Inc. v. IBM Corp.
Aug
01
2006
Ruling
Contract dispute was not related to bankruptcy absent clear showing that contested funds belonged to debtor and was improperly removed.
Procedural posture
Plaintiff poultry producer filed suit against defendant computer supplier and its business partner in state court alleging breach of contract, conversion, unjust enrichment/quasi- contract, resulting trust, and constructive trust. The business partner filed a notice of removal and motions to transfer venue and to dismiss under Fed. R. Civ. P. 12(b)(7). The poultry producer filed a motion for remand, 28 U.S.C. § 1447(c).
ABI Membership is required to access the full summary of Foster Poultry Farms Inc. v. IBM Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: