United States Ninth Circuit
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ENC Corp., 04-16401, 04-16503
In an interpleader action involving claims against the former ruler of the Philippines, Ferdinand Marcos, a decision awarding funds in dispute to a class of human rights victims represented by an individual is affirmed where: 1) the Republic of the Philippines and the Presidential Commission on Good Government Republic were not indispensable parties under Federal Rule of Civil Procedure 19(b); 2) neither a company nor a bank as escrow holder had an interest to be protected; and 3) another party's tort judgment was against Imelda Marcos personally and did not bind Ferdinand's estate.
Appellate Information
- Argued 03/14/2005
- Decided 09/12/2006
- Published 09/12/2006
Judges
- Before JOHN T. NOONAN, SIDNEY R. THOMAS, Circuit Judges, and JAMES L. ROBART, District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Stephen V. Bomse, San Francisco, CA, for the Republic of the Philippines., Jay R. Ziegler, Los Angeles, CA, for Arelma, Inc. and Philippine National Bank.
- For Appellees:
- Daniel C. Cathcart, Los Angeles, CA, for defendants-appellants Golden Budha Corp. and Estate of Roxas., Robert A. Swift, Philadelphia, PA, for defendant-appellee Mariano J. Pimentel.