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ASKANASE v. LIVINGWELL, INC.

No. 93-2841.

45 F.3d 103 (1995)

David ASKANASE, Trustee, Plaintiff-Appellant, v. LIVINGWELL, INC., et al., Defendants, Peter M. Magee, et al., Intervenors-Defendants-Appellees, and Tom J. Fatjo, Jr., Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 1995.

Attorney(s) appearing for the Case

C. Ed Harrell, Hughes, Watters & Askanase, Houston, TX, for appellant.

Rober L. Ketchand, Short & Ketchand, Houston, TX, for Fatjo.

Barry Abrams and Vicki A. Birenbaum, Sewell & Riggs, Houston, TX, for Magee, et al.

Albert Solocheck and Andrew N. Herbach, Howard, Solocheck & Weber, S.C., Milwaukee, WI, for Stein & Zilber.

Before JONES and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

PER CURIAM:

David Askanase, as trustee for the bankruptcy estate of LivingWell, Inc., seeks to terminate the LivingWell, Inc. Directors and Officers Liability Insurance Trust and to have the funds in the trust turned over to the bankruptcy estate as property of the estate. The district judge interpreted the trust instrument as prohibiting the termination of the trust under the particular circumstances. The trustee appeals this adverse judgment. Because we disagree...

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