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U.S. v. MURDOCK MACHINE AND ENGINEERING CO. OF UTAH

No. 95-4071.

81 F.3d 922 (1996)

UNITED STATES of America, Appellant, v. MURDOCK MACHINE AND ENGINEERING COMPANY OF UTAH, Logan A. Bagley, Trustee for Murdock Machine and Engineering Company of Utah, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 5, 1996.

Attorney(s) appearing for the Case

Richard P. Nockett, Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, Washington, D.C., for Appellant.

Robert H. Koehler, of Patton Boggs, L.L.P., Washington, D.C. (James B. Lee, Craig B. Terry, E. Russell Vetter, of Parsons, Behle & Latimer, Salt Lake City, Utah, with him on the brief), for Appellee.

Before BALDOCK, McWILLIAMS and KELLY, Circuit Judges.

BALDOCK, Circuit Judge.

Cases governed by the Bankruptcy Act of 1898, 11 U.S.C. §§ 1-1103 (1976) (repealed) ("the Act") and the former Bankruptcy Rules, 11 U.S.C. appx. (1976) (superseded in 1983), are, like cowboys, a vanishing breed. We deliver in this case one of the final parting shots under the Act and former Rules.1 We hold that in proceedings under Chapter VII of the Act, the United States government enjoys sovereign immunity...

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