1. Home
  2. Browse Decisions
  3. U.S.
  4. 508 U.S.
  5. 508 U.S. 491 (1993)
 

DEPARTMENT OF TREASURY v. FABE

No. 91-1513.

508 U.S. 491 (1993)

UNITED STATES DEPARTMENT OF TREASURY ET AL. v. FABE, SUPERINTENDENT OF INSURANCE OF OHIO

United States Supreme Court.

Decided June 11, 1993.

Attorney(s) appearing for the Case

Robert A. Long, Jr., argued the cause for petitioners. With him on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Mahoney, and William Kanter.

James R. Rishel argued the cause for respondent. With him on the brief were David A. Kopech and Zachary T. Donovan.*

Blackmun, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, and O'Connor, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Scalia, Souter, and Thomas, JJ., joined, p. 510.

Justice Blackmun, delivered the opinion of the Court.

The federal priority statute, 31 U. S. C. § 3713, accords first priority to the United States with respect to a bankrupt debtor's obligations. An Ohio statute confers only fifth priority upon claims of the United States in proceedings to liquidate an insolvent insurance company. Ohio Rev. Code Ann. § 3903.42 (1989). The federal priority statute preempts the inconsistent...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases