United States Sixth Circuit

In an action by a lender seeking to recover assets from a borrower that were seized by the government, a ruling for the government is reversed where the lender preserved its argument that it was a bona fide purchaser by stating the issue to the district court with sufficient clarity to give the court and opposing parties notice that it was asserting the issue.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• Before:  BOGGS, Chief Judge;  MOORE and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey O. Birkhold, Warner Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant.  Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Jeffrey O. Birkhold, John J. Bursch, Gaëtan Gerville-Réache, Warner Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant.  Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.