United States Third Circuit

In a bankruptcy action, district court's grant of plaintiff's motion for summary judgment is affirmed in part and reversed and remanded where: 1) district court did not err in holding that plaintiff had standing to bring a claim as a third party to the purchase agreement; and 2) summary judgment in favor of plaintiff was not proper as the guaranty and payment letter were excluded liabilities for which defendant was not responsible because they were associated with the in-kingdom project's listing as an excluded special project claim. The order awarding plaintiff pre- and post-judgment interest, attorneys- fees and other costs of litigation is vacated.

Appellate Information

• Argued 04/18/2008
• Decided 02/24/2009
• Published 02/24/2009

Judges

• Before:  SCIRICA, Chief Judge, AMBRO and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen E. Jenkins, Esquire (Argued), Catherine A. Strickler, Esquire, Ashby & Geddes, Wilmington, DE, for Appellant.


• For Appellees:
  
• Amy B. Abbott, Esquire, Kirkpatrick & Lockhart Preston Gates Ellis, Bruce S. Barnett, Esquire, Daniel E. Rosenfeld, Esquire (Argued), DLA Piper, Boston, MA, Francis A. Monaco, Jr., Esquire, Kevin J. Mangan, Esquire, Womble, Carlyle, Sandridge & Rice, Wilmington, DE, for Appellee.