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United States Ninth Circuit


Norfolk S. Ry. Co. v. Consol. Freightways Corp., 04-55717

Dismissal of a complaint claiming that bankruptcy debtor, an interstate motor carrier, held certain funds in trust for plaintiff, an interline freight railroad, under the "interline trust doctrine" is affirmed since the creation of a new federal common law rule imposing a constructive trust for the payment of interline balances in bankruptcy was not justified.

Appellate Information

  • Argued 12/07/2005
  • Decided 04/10/2006
  • Published 04/10/2006

Judges

  • THOMAS, Circuit Judge., Before PREGERSON, NOONAN, and THOMAS, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Paul D. Keenan and Jonathan F. Ball, Janssen Keenan & Ciardi P.C., Philadelphia, PA, for the plaintiff-appellant.

  • For Appellees:
  • Robert A. Klyman and Kimberly A. Posin, Latham & Watkins LLP, Los Angeles, CA, for the defendants-appellees.
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