IN RE MILLER

No. 00-51328.

290 F.3d 263 (2002)

In The Matter Of: William L. MILLER, Debtor. Gaines West, Chapter 7 Trustee, Appellant, v. Balfour Beatty Construction, Inc.; Balfour Beatty, Inc., Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 2002.


Attorney(s) appearing for the Case

R. Mark Dietz, Jerry Lee Jarrard, Jr., Dietz & Associates, Round Rock, TX, David Howard Donaldson, Jr. (argued), Paul Skeith, George & Donaldson, Austin, TX, Michael Paul Massad, Jr., Sheinfeld, Maley & Kay, Dallas, TX, for Appellant.

Eric Jay Taube (argued), Gina Marie Joseph, Hohmann & Taube, Austin, TX, for Appellees.

Before JONES and DeMOSS, Circuit Judges, and FELDMAN, District Judge:


EDITH H. JONES, Circuit Judge:

The issue in this case is whether a corporate officer is entitled to indemnification under Delaware law for acts committed for his own benefit before he was employed by the corporation. Affirming the decisions of the bankruptcy and district courts in the narrow circumstances presented, we hold that he is not so entitled, because he was not sued "by reason of the fact" that he was a officer of the potential indemnitor. See Del...

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