Legal Opinion · Concurring in part, dissenting in part
In re Folding Carton Antitrust Litigation
Court of Appeals for the Seventh Circuit
Decided September 5, 1984No. Nos. 83-1467, 83-1468, 83-1506, 83-1507 and 83-1673Published
1Concurring in part, dissenting in partFlaum, Circuit Judge
I agree that the district court abused its discretion in holding that the unclaimed portion of the settlement fund would be used to create an Antitrust Research Foundation. To the extent that the majority opinion holds that the unclaimed fund shall “escheat” and, in effect, remain permanently available in the United States Treasury to pay late claims pursuant to 28 U.S.C. § 2042, I dissent. The federal government cannot escheat unclaimed property.1 The majority avoids this by saying that the federal government may have “interim” use of the funds until claimants present themselves, while…
2Cases cited14 opinions
- Boeing Co. v. Van GemertSupreme Court of the United States · 1980
- In Re General Motors Corporation Engine Interchange LitigationCourt of Appeals for the Seventh Circuit · 1979
- Mars Ketchum v. Jane M. ByrneCourt of Appeals for the Seventh Circuit · 1984
- United States v. KleinSupreme Court of the United States · 1938
- Texas v. New JerseySupreme Court of the United States · 1965
9 more not listed; retrieve them via the Exa API.