Legal Opinion

Consolidated Freightways Corp. v. Aetna, Inc.

Court of Appeals for the Ninth Circuit

Decided May 6, 2009No. 07-56720PublishedCited by 24 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

K. Morgan Enterprises, Inc., Trustee of the Trust of Certain Creditors of Consolidated Freightways Corp. and Certain Affiliates (“Trustee”) appeals from a decision of the district court affirming a determination by the bankruptcy court regarding certain claims of priority made by Aetna, Inc. Aetna claimed priority for “claims for contributions to an employee benefit plan.” 11 U.S.C. § 507(a)(5). 1 The bankruptcy court agreed with Aetna and accorded priority. We affirm in part, reverse in part, and remand.

BACKGROUND

Consolidated Freightways Corporation of Delaware and…

2Cases cited18 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  4. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  5. King v. St. Vincent's HospitalSupreme Court of the United States · 1991

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3Cited by24 opinions

  1. Manning v. Caldwell for City of RoanokeCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. BurkholderCourt of Appeals for the Tenth Circuit · 2016
  3. Samson v. Western Capital Partners, LLC (In re Blixseth)Court of Appeals for the Ninth Circuit · 2012
  4. In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. Adams v. Adams (In re Adams)United States Bankruptcy Court, N.D. Georgia · 2012

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