MULLIS
v.
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA ET AL.

U.S. | 1988-06-06
No. 87-6725
486 U.S. 1040 Supreme Court of the United States (1988) Positive Treatment
Cited by 7 cases

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  • Am. Trucking Ass'ns, Inc. v. Smith, 496 U.S. 167 (U.S. 1990)
    …109 Wash. 2d 878, 888, 749 P. 2d 1286, 1291 (1988) (en banc) (“It is difficult to understand how retroactive application would encourage free trade among the states since whatever chill was imposed on interstate trade is in the past”), app. dism’d, 486 U. S. 1040 (1988). Third, the Arkansas Supreme Court held that it would be inequitable to order a total refund of HUE taxes already paid by petitioners into the state treasury. The court reasoned that because petitioners had driven their heavy trucks on Arkan…
  • Kincaid v. Kendall I. Vail, 969 F.2d 594 (7th Cir. 1992)
    …y, the clerks qualify for quasi-judicial immunity unless these acts were done “in the clear absence of all jurisdiction.” Mullis v. United States Bankruptcy Court, Dist. of Nev., 828 F. 2d 1385, 1390 (9th Cir.1987) (citations omitted), cert. denied, 486 U.S. 1040, 108 S.Ct. 2031, 100 L.Ed.2d 616 (1988). We have no occasion to confront directly the situation presented to our colleagues in the Ninth Circuit. The facts of the present case bring it squarely under Eades, Scruggs, and Dellenbach. The acts of the…
  • …ute immunity. The Franzens appealed to the district court which agreed that Judge Mahoney was entitled to absolute immunity, citing Mullis v. United States Bankruptcy Court for the Dist. of Nev., 828 F. 2d 1385, 1388-89 (9th Cir.1987), cert. denied, 486 U.S. 1040, 108 S.Ct. 2031, 100 L.Ed.2d 616 (1988). We hold that the order dismissing a bankruptcy judge based on his immunity is not a final appealable order. While we recognize that in some instances bankruptcy proceedings justify a distinctive and more fl…

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