IN RE HAMADA

No. 00-56865.

291 F.3d 645 (2002)

In re James S. HAMADA, Debtor. James S. Hamada, Appellant, v. Far East National Bank, a California Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2002.


Attorney(s) appearing for the Case

David A. Tilem & C. Casey White, Tilem & White, LLP, Glendale, CA, for appellant James S. Hamada.

Adam A. Lewis, Morrison & Foerster, San Francisco, CA, for appellee Far East National Bank.

Before: THOMAS and RAWLINSON, Circuit Judges, and ARMSTRONG, District Judge.


THOMAS, Circuit Judge.

In this appeal, we consider, inter alia, the rights of statutory and equitable subrogation held by the issuer of a standby letter of credit. Under the circumstances presented by this case, we conclude that no right of subrogation existed. Therefore, we reverse the judgment of the district court.

I

James S. Hamada was the defendant in a breach of fiduciary duty and fraud action filed by his former partner in medicine...

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