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Oakley Grain, Inc., et al. v. M. Randy Rice, Chapter 7 Trustee, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3207 · judgment May 20, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner.

Question presented

Whether the Eighth Circuit erred in affirming the District Court’s Order affirming the Bankruptcy Court’s ruling that the State Court lawsuit did not violate an Injunction issued pursuant to 28 U.S.C. § 2361 on the basis that the Petitioner failed to first prove that the State Court Lawsuit seeks to recover interpleader funds. In so holding, the Eighth Circuit’s current decision is in conformity with a similar decision of the Tenth Circuit both of which decisions directly conflict with decisions of the Eighth, Second and Ninth Circuits.

Counsel of record

For petitioner
Stuart Winston Hankins
Hankins Law Firm, P.A.

For respondent
Herbert David Blair
Blair & Stroud

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Nov 24 2021
    Waiver of right of respondents Scott Mears Farms, Inc. & Travis Mears Farms, Inc. d/b/a Mears Bros. Farms to respond filed.
  4. Nov 22 2021
    Waiver of right of respondents M. Randy Rice, Chapter 7 Trustee to respond filed.
  5. Nov 07 2021
    Petition for a writ of certiorari filed. (Response due December 13, 2021)