Sentinel Trust Co. v. Universal Bonding Insurance
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this diversity case, an indenture trustee was denied recovery from sureties on performance bonds. In part, the District Court’s ruling under Rule 12(b)(6) rested on findings of fact unfavorable to the trustee in a related case. We apply issue preclusion despite the fact that the earlier judgment had been vacated as a term of settlement of that case. Concluding that the District Court did not err in its order of dismissal, we will affirm.
The plaintiff, Sentinel Trust Company, having its principal place of business in Nashville, Tennessee, was the…
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