Dallas Cabana Inc. v. Hyatt Corp‪.‬

Appellant Dallas Cabana, Inc. (herein, Bankrupt) instituted this cause of action against Hyatt Corporation (Hyatt) and its president, Donald N. Pritzker (Pritzker), alleging that they and others conspired to acquire the Dallas Cabana Hotel (Hotel) at a price substantially below its fair market value by fraudulently causing the Hotel to be adjudicated a bankrupt. In the complaint, the Bankrupt demanded an accounting and sought exemplary damages. In answer to the complaint appellees Hyatt and Pritzker moved to dismiss the action on the ground that the bankrupt was not entitled to instigate and maintain the cause of action since title to the Hotel property and all rights thereto, including any cause of action accruing to the bankrupt, vested in the trustee upon adjudication of bankruptcy. The district court entered judgment dismissing the action.