United States Eighth Circuit

In a company's action seeking a declaratory judgment that its failure to file timely reports with the SEC violated no duties owed to its noteholders, wherein defendant-trustee asserted various counterclaims, summary judgment for plaintiff-company is affirmed where: 1) plaintiff's delinquent filing of its form 10-Q did not amount to a default on the notes; and 2) plaintiff met all of its contractual and statutory duties, and noteholders were not entitled to accelerated payments.

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeff Irving Ross, argued, John B. Orenstein and Steven M. Pincus, Minneapolis, MN, and Eric A. Schaffer, Pittsburgh, PA, on the brief, for appellant.


• For Appellees:
  
• Robert J. Giuffra, argued, New York, NY, Peter William Carter, Gretchen A. Agee, Minneapolis, MN, William Henry Wagener, Jennifer Sheinfeld, New York, NY, on the brief, for appellee.