Hartley, Matter of, 88-1839

Decision Date17 May 1989
Docket NumberNo. 88-1839,88-1839
Citation874 F.2d 1254
PartiesIn the Matter of James Lee HARTLEY, Debtor. James Lee HARTLEY, Appellant, v. Rickey D. JONES, Appellee.
CourtU.S. Court of Appeals — Eighth Circuit

Appeal from the United States District Court for the Western District of Missouri; Howard Sachs, Judge.

Keith R. Krueger, Kansas City, Mo., for appellant.

Julia J. Borel, Kansas City, Mo., for appellee.

Prior report: (8th Cir.) 869 F.2d 394.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, en banc.

The petition of appellee for rehearing en banc was granted, thereby vacating the panel opinion, and this case now has been reheard by the Court en banc. Judges John R. Gibson, Bowman, Wollman, Magill, and Beam vote to affirm the judgment of the District Court. Chief Judge Lay and Judges Henley, McMillian, Arnold, and Fagg vote to reverse that judgment. Accordingly, the judgment of the District Court is affirmed by an equally divided Court.

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  • In re Krautheimer
    • United States
    • U.S. Bankruptcy Court — Southern District of New York
    • June 18, 1997
    ...270 (Bankr. E.D.N.Y.1990) (citing In re Ikner, 883 F.2d 986 (11th Cir.1989); In re Hartley, 869 F.2d 394 (8th Cir.), reh'g denied, 874 F.2d 1254 (1989); In re Bossard, 74 B.R. 730 (Bankr. N.D.N.Y.1987); In re DeRosa, 20 B.R. 307, 313 (Bankr.S.D.N.Y.1982); In re Pommerer, 10 B.R. 935, 940 (B......
  • In re Thompson
    • United States
    • U.S. Bankruptcy Court — Eastern District of Michigan
    • December 14, 1993
    ...did not "accidentally" fire the gun. See In re Hartley, 100 B.R. 477, 479 (W.D.Mo.1988), rev'd, 869 F.2d 394 (8th Cir.), vacated, 874 F.2d 1254 (8th Cir.1989). But if the offensive act is instead defined as shooting the plaintiff, then the debt is discharged because that act was not intenti......
  • In re Cohen
    • United States
    • U.S. Bankruptcy Court — Eastern District of New York
    • November 27, 1990
    ...Lee v. Ikner (In re Ikner), 883 F.2d 986 (11th Cir.1989); Hartley v. Jones (In re Hartley), 869 F.2d 394 (8th Cir.), aff'd, 874 F.2d 1254 (8th Cir.1989); Beneficial New York, Inc. v. Bossard (In re Bossard), 74 B.R. 730 (Bankr.N.D.N.Y. 1987); In re DeRosa, 20 B.R. at 313; Thorp Credit and T......
  • In re Brandl, Bankruptcy No. 3-94-771. Adv. No. 3-94-97.
    • United States
    • U.S. Bankruptcy Court — District of Minnesota
    • March 24, 1995
    ...consequences are substantially certain to result from it. See also In re Hartley, 100 B.R. 477, 479 (W.D.Mo.1988), aff'd, 874 F.2d 1254 (8th Cir. 1989) (en banc) (applying RESTATEMENT test in detail).13 The difficulty of proving such a subjective state of mind may be overcome by adducing ev......
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