SENTINEL TRUST v. UNIVERSAL BONDING INS.

No. 02-1125.

316 F.3d 213 (2003)

SENTINEL TRUST COMPANY, Appellant v. UNIVERSAL BONDING INSURANCE COMPANY; United States Fire Insurance Company; Westchester Fire Insurance Company; and Richard Quackenbush, Appellees.

United States Court of Appeals, Third Circuit.

Filed January 8, 2003.


Attorney(s) appearing for the Case

Keith J. Miller, (Argued), Robinson & Livelli, Newark, Ames Davis, Stanley Graham, Waller Lansden Dortch & Davis, Nashville, for Appellant Sentinel Trust Company.

Steven H. Rittmaster, (Argued), Mark S. Gamell, Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Mark S. Kundla, Hardin, Kundla, McKeon, Poletto & Polifroni, Springfield, for Appellees United States Fire Insurance Company and Westchester Fire Insurance Company.

Andrew S. Kent, (Argued), Gage Andretta, Wolff & Samson, P.A., Roseland, for Appellee Universal Bonding Insurance Company.

Before NYGAARD and WEIS, Circuit Judges, and IRENAS, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case, an indenture trustee was denied recovery from sureties on performance bonds. In part, the District Court's ruling under Rule 12(b)(6) rested on findings of fact unfavorable to the trustee in a related case. We apply issue preclusion despite the fact that the earlier judgment had been vacated as a term of settlement of that case. Concluding that the District Court did not err in its order of...

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