Tuesday, January 18, 2005

Chief Judge Jones denies appeal of remand order in bankruptcy case

In Appalachian Power Co., Inc. v. Sprinkle, Chief Judge Jones agreed with Judge Stone of the bankruptcy court that the debtor's lawsuit against the power company should be remanded to Smyth County.

The debtor was claiming somehow that his cows have been harmed by the power lines.

The argument for and against the remand mostly had to do with whether the case would be resolved quicker in state or federal court.

I'm guessing that claims for injuries to cows from power lines might end quicker in federal court, but that reminds me of another oft-told tale:

Years ago, I went up to Clintwood and met Leslie Mullins, the Wise County lawyer from the firm that produced all those judges, and he found out who I was and that I had worked for Judge Williams and he proceeded to tell me that way back when a fellow had come to his office claiming that he owned the world's best milk-producing goat, a five-titted goat, and it had been injured and the man wanted to bring a lawsuit not only for the lost production but also for the goat's emotional pain and suffering.

Mr. Mullins replied that he could not help the man, but there was a new lawyer down in Jonesville named Glen Williams, and five-titted goat cases were his specialty.

Such a story must be true, who could make up a thing like that, and so maybe the power company filed their notice of removal hoping to draw Judge Williams for the case, due to his expertise.

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