From Casetext: Smarter Legal Research

In re Staff Mortg. Inv. Corp.

United States Court of Appeals, Ninth Circuit
Aug 21, 1981
655 F.2d 967 (9th Cir. 1981)

Opinion

No. 80-5089.

Submitted August 5, 1981.

Decided August 21, 1981.

Isaac M. Pachulski, Stutman, Treister Glatt, Los Angeles, Cal., for appellants.

John Wilson, Hill, Farrer Burrill, Los Angeles, Cal., for appellee.

On Appeal from the United States District Court for the Central District of California; Albert Lee Stephens, Jr., J.

Before CHAMBERS and ANDERSON, Circuit Judges, and BILBY, District Judge.

The Honorable Richard M. Bilby, United States District Judge, District of Arizona, sitting by designation.



In the absence of any facts which would permit us to significantly and properly distinguish Heinecke Instruments Company v. Republic Corporation, 543 F.2d 700 (9th Cir. 1976), In re Staff Mortgage, etc.; Huffman v. Wikle, 550 F.2d 1228 (9th Cir. 1977), In re Bruce Farley Corporation; Starr v. Bruce Farley Corporation, 612 F.2d 1197 (9th Cir. 1980), and In re Staff Mortgage, etc.; Greiner v. Wilke, 625 F.2d 281 (9th Cir. 1980) (and there are none), the judicial panels of this court are bound by the principles announced and followed in those decisions. This is true whether we apply "law of the case, " stare decisis," or "collateral estoppel" principles. ( See Greiner v. Wilke, supra, at 282-283, applying stare decisis principles.)

Contrary to appellants' assertion, the issue of "general intangibles" as applied to the instruments involved here and in the cases cited above, has been presented to and decided by this court adversely to appellants' claims. Greiner v. Wilke, supra, at 284, footnotes 1, 2, and 3.

The extensive and fruitless litigation and relitigation of these same issues in this bankruptcy proceeding must come to a halt.

The judgments below are

AFFIRMED.


Summaries of

In re Staff Mortg. Inv. Corp.

United States Court of Appeals, Ninth Circuit
Aug 21, 1981
655 F.2d 967 (9th Cir. 1981)
Case details for

In re Staff Mortg. Inv. Corp.

Case Details

Full title:IN RE STAFF MORTGAGE INVESTMENT CORPORATION, FORMERLY KNOWN AS STAFF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 21, 1981

Citations

655 F.2d 967 (9th Cir. 1981)

Citing Cases

Motobecane Am., Ltd., v. Patrick Petroleum

Also, the argument appellant makes has been rejected by the Ninth Circuit on at least three occasions. See…

In re Tri Valley Growers

The court acknowledges that some situations have resulted in confusion between the "law of the case" doctrine…