Legal Opinion

United Bank v. Sun Mesa Corp.

District Court, D. Arizona

Decided March 23, 1988No. CIV 86-1968 PHX-CAMPublishedCited by 1 opinion

1Opinion of the Court

MUECKE, District Judge.

BACKGROUND

On January 6, 1988, this Court granted the Defendants’ Motion for Judgment on the Pleadings and ruled that the United Bank did not have standing to assert securities fraud claims on behalf of approximately fourteen hundred bondholders whom the bank serves as indenture trustee. Standing was absent because the relevant agreements only provided the Bank with standing to cure default on the underlying loan. Since the fraud claims could have been asserted regardless of breach, the claims were not a remedy for default. Thus, the specific language of the agree*432ments…

2Cases cited12 opinions

  1. Richard L. Zaldivar v. City of Los Angeles, and Margaret Salazar, Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1986
  2. Oliveri v. ThompsonCourt of Appeals for the Second Circuit · 1986
  3. Stringfellow v. Concerned Neighbors in ActionSupreme Court of the United States · 1987
  4. Sagebrush Rebellion, Inc. v. WattCourt of Appeals for the Ninth Circuit · 1983
  5. United States of America v. J.B. Stringfellow, Jr., Concerned Neighbors in Action and Penny Newman, Intervenors-AppellantsCourt of Appeals for the Ninth Circuit · 1986

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3Cited by1 opinion

  1. Allstate Life Insurance v. Robert W. Baird & Co.District Court, D. Arizona · 2010

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