United States Ninth Circuit

In a contract dispute, one party's obligation to fund an escrow account (a concurrent condition) was discharged when the other party, charged with raising additional equity, filed for bankruptcy, and a third-party beneficiary's claims are subject to that defense.

Appellate Information

• Argued 05/14/2002
• Decided 08/13/2002
• Published 08/13/2002

Judges

• Before:  SNEED, HUG, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jay Goldberg, New York, NY, for the plaintiff-appellant.


• For Appellees:
  
• Howard J.C. Nicols, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, for the defendant-appellee.