United States Ninth Circuit

In an adversary proceeding involving the bankruptcy estate of a mining company and claims of waste, nuisance, trespass and breach of contract, a ruling finding that appellant-church's recovery would be limited by a statutory provision is reversed as a rule capping damages "resulting from the termination of a lease of real property," 11 U.S.C. section 502(b)(6), does not limit the bankruptcy estate's liability for allegedly leaving one million tons of its wet clay "goo," mining equipment and other materials on appellant-church's property after rejecting its lease.

Appellate Information

• Argued 06/07/2007
• Decided 10/01/2007
• Published 10/01/2007

Judges

• Before DANIEL M. FRIEDMAN,ALEX KOZINSKI and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert C. Braun, Penelope Parmes and Roger F. Friedman, Rutan & Tucker, LLP, Costa Mesa, CA, for the appellant.


• For Appellees:
  
• Ronald K. Van Wert, Robert K. Van Wert P.C., Costa Mesa, CA, and William Malcom, Malcom & Cisneros, Irvine, CA, for the appellee.