DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073840P.pdf 06/10/2009 GAF Holdings v. Philip Rinaldi
U.S. Court of Appeals Case No: 07-3840
and No: 07-3929
and No: 07-3931
and No: 07-3932
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Shepherd, Author, with Beam and Bye, Circuit Judges]
Civil case - Bankruptcy. Bankruptcy Appellate Panel's decision is a
final, appealable order, and GAF's motion to dismiss is denied; GAF's
state law tort claims did not invoke a substantive right provided by the
Bankruptcy Code, and the bankruptcy court did not possess "arising
under" jurisdiction over GAF's complaint; nor did the court possess
"arising in" jurisdiction; however, the claims could conceivably have an
effect on the Farmland bankruptcy estate, and the bankruptcy court did
have "related to" jurisdiction over the complaint, and the Bankruptcy
Appellate Panel erred in finding the bankruptcy court lacked jurisdiction.