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Baker v. Gold Seal Liquors, Inc., 417 U.S. 467 (1974)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Baker v. Gold Seal Liquors, Inc., 417 U.S. 467 (1974)
Baker v. Gold Seal Liquors, Inc. No. 73-804 Argued April 23, 1974 Decided June 17, 1974 417 U.S. 467
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Petitioners, trustees of a railroad in a § 77 reorganization proceeding, brought suit for freight charges against respondent shipper, and respondent counterclaimed for cargo loss and damage. The District Court granted petitioners’ motion for summary judgment for entry of one judgment on their claim and another on the counterclaim, but set off one judgment against the other, resulting in a net judgment against petitioners for some $11,000. The Court of Appeals affirmed.
Held: The Court of Appeals erred in allowing the setoff, since it thereby granted a preference to the claim of one creditor that happened to owe freight charges over other creditors that did not, and thus interfered with the Reorganization Court’s duty under § 77e, 11 U.S.C. § 205(e), to approve a "fair and equitable plan" that duly recognizes the rights of each class of creditors and stockholders and does not discriminate unfairly in favor of any class. Pp. 468-474.
484 F.2d 950, reversed.
DOUGLAS, J., wrote the opinion of the Court, in which BURGER, C.J., and BRENNAN, MARSHALL, WHITE, and BLACKMUN, JJ., joined. STEWART, J., filed an opinion concurring in the result, in which POWELL, J., joined, post, p. 474. REHNQUIST, J., filed a dissenting opinion, post, p. 478.
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Chicago: U.S. Supreme Court, "Syllabus," Baker v. Gold Seal Liquors, Inc., 417 U.S. 467 (1974) in 417 U.S. 467 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=F7LL7ZHS71REQAS.
MLA: U.S. Supreme Court. "Syllabus." Baker v. Gold Seal Liquors, Inc., 417 U.S. 467 (1974), in 417 U.S. 467, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F7LL7ZHS71REQAS.
Harvard: U.S. Supreme Court, 'Syllabus' in Baker v. Gold Seal Liquors, Inc., 417 U.S. 467 (1974). cited in 1974, 417 U.S. 467. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=F7LL7ZHS71REQAS.
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