1. Home
  2. Browse Decisions
  3. B.R.
  4. 274 B.R.
  5. 274 B.R. 402 (2001)
 

IN RE HECHINGER INVESTMENT CO. OF DELAWARE, INC.

Bankruptcy No. 99-2261(PJW). Adversary No. 00-1683.

274 B.R. 402 (2001)

In re THE HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. The Scotts Company, Plaintiff, v. Hechinger Company, Defendant.

United States Bankruptcy Court, D. Delaware.

September 14, 2001.

Attorney(s) appearing for the Case

Robert J. Stearn, Jr., Christopher D. Loizides, Richards, Layton & Finger, Wilmington, DE, Matthew A. Feldman, Rachel C. Abrams, Willkie Farr & Gallagher, New York City, for Hechinger Company.

Michael L. Vild, The Bayard Firm, Wilmington, DE, Gregory E. Sutton, Robert J. Sidman, Vorys, Sater, Seymour and Pease LLP, Columbus, OH, for The Scotts Company.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

Before the Court is the motion (Doc. # 5) of defendant Hechinger Company ("Hechinger") to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6).1 According to Hechinger the complaint for reclamation of goods pursuant to 11 U.S.C. § 546(c) is fatally flawed by reason of plaintiff The Scotts Company's ("Scotts") failure to properly identify the goods in its reclamation...

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