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United States Eleventh Circuit


Bank of New York v. Sunshine-Jr. Stores, Inc., 04-16650, 04-16651, 05-10031

Sanctions imposed by bankruptcy court on plaintiff for repeatedly refusing to obey several orders the court issued for benefit of debtor are affirmed over claims that: 1) plaintiff was not holding debtor's funds as a fiduciary and thus had no obligation to pay interest on those funds; and 2) sanctions against plaintiff were inappropriate on several grounds.

Appellate Information

  • Decided 07/18/2006
  • Published 07/18/2006

Judges

  • TJOFLAT, Circuit Judge:, Before TJOFLAT and BARKETT, Circuit Judges, and MILLS, District Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Vance E. Salter, Jeffrey P. Bast, Gustavo J. Membiela, Hunton & Williams, LLP, Miami, FL, for Bank of New York., Marsha G. Rydberg, Thomas H. Rydberg, The Rydberg Law Firm, P.A., Tampa, FL, for Sunshine-Jr. Stores, Inc.

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