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HANNON ARMSTRONG & CO. v. SUMITOMO TRUST & BANKING

Nos. 91-2658, 91-2662.

973 F.2d 359 (1992)

HANNON ARMSTRONG & COMPANY, formerly known as Eden Hannon & Company, Plaintiff-Appellee, v. SUMITOMO TRUST & BANKING COMPANY, Defendant-Appellant. American Bankers Association, Amicus Curiae. HANNON ARMSTRONG & COMPANY, formerly known as Eden Hannon & Company, Plaintiff-Appellant, v. SUMITOMO TRUST & BANKING COMPANY, Defendant-Appellee. American Bankers Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1992.

As Amended October 5, 1992.

Attorney(s) appearing for the Case

John Vanderstar, Covington & Burling, Washington, D.C., argued (John C. Richowsky, on the brief) for appellant.

Ralph N. Albright, Jr., Morgan, Lewis & Bockius, Washington, D.C., argued (Peter Buscemi, Thomas J. O'Brien, on the brief), for appellee.

John F. Gill, General Counsel, Michael F. Crotty, Deputy General Counsel for Litigation, American Bankers Ass'n, Washington, D.C., for amicus curiae.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

OPINION

DONALD RUSSELL, Circuit Judge:

Sumitomo Trust & Banking Company appeals the district court's determination on remand of the amount of the profits which the bank obtained by engaging in a certain transaction in violation of an agreement not to compete, and which the Fourth Circuit determined should therefore be placed in constructive trust for the benefit of Appellee Hannon Armstrong. Hannon Armstrong cross-appeals. As explained below, we affirm...

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