First National Bank of Boston v. Columbia Gas System, Inc. (Columbia Gas System, Inc.)

HELEN S. BALICE, Bankruptcy Judge.

MEMORANDUM OPINION AND ORDER

The First National Bank of Boston (FNB) in its complaint seeks declaratory and injunc-tive relief to remedy alleged conduct of Columbia Gas System, Inc. (CG). FNB is the indenture trustee for security holders under an indenture whereby funds were borrowed to provide for an employee stock ownership plan (ESOP) within CG’s Employees’ Thrift Plan of Columbia Gas System.

FNB’s amended complaint contains three grounds: tortious interference under state law, tortious interference under federal common law and breach of duty. FNB’s original…