Legal Opinion
Norfolk Southern Railway Co. v. Consolidated Freightways Corp.
Court of Appeals for the Ninth Circuit
Decided April 10, 2006No. 04-55717PublishedCited by 1 opinion
1Opinion of the Court
THOMAS, Circuit Judge.
In this appeal we consider whether, as a matter of federal common law, to recognize the interline trust doctrine and apply it in a federal bankruptcy proceeding. We decline to recognize the doctrine, and affirm the judgment of the district court.
I
Before filing a voluntary petition in bankruptcy in 2002, Consolidated Freight-ways Corporation (“Consolidated Freight-ways”), an interstate motor carrier, as defined under the Interstate Transportation Act, 49 U.S.C.A. § 13902, operated one of the largest “less than truckload” long haul freight transportation companies in North…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Miree v. DeKalb CountySupreme Court of the United States · 1977
- 19 Employee Benefits Cas. 1326, Pens. Plan Guide P 23907b George Peterson v. American Life & Health Insurance Company Creative Health Programs Pacific Southwest Association of Small Employer Firms Richard ReynoldsCourt of Appeals for the Ninth Circuit · 1995
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3Cited by1 opinion
- In Re Consolidated Freightways Corporation, Debtor, Norfolk Southern Railway Company v. Consolidated Freightways Corporation Consolidated Freightways Corporation of DelawareCourt of Appeals for the Ninth Circuit · 2006