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ONEIDA MOTOR FREIGHT, INC. v. UNITED JERSEY BANK

No. 87-5525.

848 F.2d 414 (1988)

ONEIDA MOTOR FREIGHT, INC., a Corporation of the State of New York, Appellant v. UNITED JERSEY BANK, a Corporation Organized under the Banking Laws of the United States of America. UNITED JERSEY BANK, a New Jersey Corporation, Defendant-Third Party Plaintiff, v. Donald T. SINGLETON, Third Party Defendant. In re ONEIDA MOTOR FREIGHT, INC., Debtor, B.C. # 85-03606(DV).

United States Court of Appeals, Third Circuit.

Decided May 31, 1988.

Rehearing and Rehearing Denied July 1, 1988.

Attorney(s) appearing for the Case

Allan H. Klinger (argued), John A. Rizzo, Jane S. Shapiro, Klinger, Nicolette, Mavroudis & Honig, Oradell, N.J., for appellant.

William S. Katchen (argued), John L. Laskey, Vincent F. Papalia, Clapp & Eisenberg, Newark, N.J., for appellee.

Before SLOVITER, STAPLETON, and MANSMANN, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 1, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Oneida Motor Freight, a Chapter 11 debtor, appeals the dismissal of its contract and tort action against United Jersey Bank, a secured creditor. We must determine whether Oneida, seeking damages for the bank's alleged breach of certain loan agreements, is estopped from litigating this action by the preclusive effect of prior bankruptcy proceedings....

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