United States Tenth Circuit
Eastman v. Union Pac. R.R. Co., 05-8106
In a case involving a bankruptcy debtor who had been injured in an auto accident while in the employ of defendant-railroad, summary judgment against plaintiff-debtor is affirmed where the district court properly exercised its discretion in holding plaintiff was judicially estopped from pursuing his personal injury claims because he failed to disclose his pending claims to the bankruptcy court in the context of his chapter 7 bankruptcy.
Appellate Information
- Decided 07/06/2007
- Published 07/08/2007
Judges
- BALDOCK, Circuit Judge., Before HENRY and BALDOCK, Circuit Judges, and MARTEN, District Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Donald J. Sullivan, Sullivan Law Offices, P.C., Cheyenne, WY, for Plaintiff-Appellant.
- For Appellees:
- Kevin Scott Taylor, Snell & Wilmer L.L.P. (Holly R. Shilliday, Snell & Wilmer L.L.P., Denver, CO, George Powers and Isaac Sutphin, Sundalh, Powers, Kapp & Martin, Cheyenne, WY, Richard A. Mincer and Robert C. Jarosh, Hirst & Applegate, Cheyenne, WY, and Marvin L. Tyler and William B. Payne, Bussart, West & Tyler, P.C., Rock Springs, WY, with him on the brief) Denver, CO, for Defendants-Appellees.