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UNITED REPUBLIC INS. CO. v. CHASE MANHATTAN BANK

Docket No. 01-9107.

315 F.3d 168 (2003)

UNITED REPUBLIC INSURANCE COMPANY, IN RECEIVERSHIP, Plaintiff-Appellant, v. CHASE MANHATTAN BANK, Fleet Bank, Fleet National Bank, Shawmut Bank Connecticut, c/k/a Fleet National Bank, as Indentured Trustee of the Trust Indenture and Security Agreement, Lincoln Bank, Chase Lincoln Bank, Shawmut Bank Connecticut, National Association, as Trustee of the Trust Indenture and Security Agreement, Bank of New York, as Trustee of Alpha Trust, Alpha Trust, Bank of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2003.

Attorney(s) appearing for the Case

Rebecca A. Slezak, Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, P.C., Albany, NY, for Plaintiff-Appellant.

Carolyn G. Nussbaum, Nixon & Peabody, Rochester, NY, for Defendants-Appellees Chase Manhattan Bank, Fleet Bank, Fleet National Bank, Lincoln Bank, and Chase Lincoln Bank.

William M. O'Connor, Buchanan Ingersoll, New York, NY, for Defendants-Appellees Alpha Trust, Shawmut Bank Connecticut, c/k/a Fleet National Bank, as Indentured Trustee of the Trust Indenture and Security Agreement, and Shawmut Bank Connecticut, c/k/a Fleet National Bank, as Trustee of the Trust Indenture and Security Agreement.

Jeffrey Q. Smith, King & Spalding, New York, NY, for Defendants-Appellees Bank of New York, and Bank of New York, as Trustee of Alpha Trust.

Before WINTER, F.I. PARKER, and POOLER, Circuit Judges.

PER CURIAM.

United Republic Insurance Company, a Texas corporation, brought the present action asserting state law claims for breach of fiduciary duty, fraud, constructive fraud, negligence, fraudulent conveyance, and conversion against various banks that had been involved in a loan of funds from appellant to a trust and then to appellant's parent company. The complaint alleged diversity of citizenship between plaintiff and each defendant. The district court dismissed...

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