T.O.S. INDUSTRIES, INC. v. ROSS HILL CONTROLS CORP.

Civ. A. No. H-86-3922.

72 B.R. 749 (1987)

T.O.S. INDUSTRIES, INC., Appellee, v. ROSS HILL CONTROLS CORPORATION, Appellant.

United States District Court, S.D. Texas, Houston Division.

April 8, 1987.


Attorney(s) appearing for the Case

Tom Collins, Sheinfeld, Maley & Kay, Houston, Tex., for T.O.S. Industries, Inc.

Craig E. Power, Krell & Torigian, Houston, Tex., for Ross Hill Controls Corp.


MEMORANDUM ON APPEAL

HUGHES, District Judge.

The bankruptcy court has determined that an earlier ruling in this bankruptcy in a separate adversary proceeding between the debtor and a different creditor is binding upon Ross Hill. Ross Hill appeals. Ross Hill also appeals the denial of its request for a jury. This court will: (1) reverse the ruling that precludes Ross Hill from litigating the date of insolvency; and (2) reverse the denial of the jury trial...

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