KELLEY v. THOMAS SOLVENT CO.

Nos. K86-164, K86-167.

722 F.Supp. 1492 (1989)

Frank J. KELLEY, Attorney General of the State of Michigan; and the State of Michigan, Plaintiffs, v. THOMAS SOLVENT COMPANY; Thomas Development, Inc.; Thomas Solvent Company of Detroit, Inc.; Thomas Solvent Company of Muskegon, Inc.; Thomas Solvent, Inc. of Indiana; TSC Transportation, Inc.; Richard E. Thomas; and Grand Trunk Western Railroad Company, Defendants. GRAND TRUNK WESTERN RAILROAD COMPANY, Counter Plaintiff, v. Frank J. KELLEY, Attorney General of the State of Michigan; and the State of Michigan, Counter Defendants. GRAND TRUNK WESTERN RAILROAD COMPANY, Cross Plaintiff, v. THOMAS SOLVENT COMPANY; Thomas Development, Inc.; Thomas Solvent Company of Detroit, Inc.; Thomas Solvent Company of Muskegon, Inc.; Thomas Solvent, Inc. of Indiana; TSC Transportation, Inc.; and Richard E. Thomas, Cross Defendants (Two Cases). THOMAS SOLVENT COMPANY and Richard Thomas, Counter Plaintiffs, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Counter Defendant (Two Cases). GRAND TRUNK WESTERN RAILROAD COMPANY, Third-Party Plaintiff, v. Richard E. THOMAS, as Trustee of The Richard E. Thomas Living Trust; The Richard E. Thomas Living Trust; and Letha Thomas, Third-Party Defendants (Two Cases). UNITED STATES of America, Plaintiff, v. THOMAS SOLVENT COMPANY; Thomas Development, Inc.; Thomas Solvent Company of Detroit, Inc.; Thomas Solvent Company of Muskegon, Inc.; Thomas Solvent, Inc. of Indiana; TSC Transportation Company; Richard E. Thomas.

United States District Court, W.D. of Michigan.

August 19, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. by Robert P. Reichel, Asst. Atty. Gen., Environmental Protection Div., Lansing, Mich., John S. Smietanka, U.S. Atty. by Julie Ann Woods, Grand Rapids, Mich., Joel M. Gross, Steven J. Willey, Environmental Enforcement Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Roger Grimes, Asst. Regional Counsel, U.S. E.P.A., Chicago, Ill., Jessie A. Goldfarb, U.S. E.P.A., Office of Enforcement & Compliance Monitoring, Washington, D.C., of counsel), for plaintiffs.

Foster, Swift, Collins & Coey, P.C. by Charles E. Barbieri, John L. Collins, Lansing, Mich., for Thomas Solvent Co. & Richard E. Thomas. Sullivan, Hamilton & Schulz by James M. Sullivan, Battle Creek, Mich., for Thomas Development, Inc., Thomas Solvent Co. of Detroit, Inc., Thomas Solvent Co. of Muskegon, Inc., Thomas Solvent, Inc. of Indiana and TSC Transp. Co.

Bodman, Longley & Dahling by Fredrick J. Dindoffer, R. Craig Hupp, and Mary P. Sclawy, Detroit, Mich., for Grand Trunk Western R. Co.

Bremer, Wade, Nelson & Alt by Michale D. Wade, Grand Rapids, Mich., for Great American Surplus Lines Ins. Co. intervening non-party and non-participant.


OPINION

ENSLEN, District Judge.

This case is currently before the Court on plaintiffs United States and the State of Michigan's Motion for Further Relief related to the fraudulent conveyance claim I decided on December 2, 1988. At that time, I found that in 1982, the Thomas Solvent Company, under the direction of Richard Thomas, transferred the bulk of its assets to four spinoff corporations, with actual intent to defraud, hinder, or delay creditors. The...

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