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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.
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