In re: MJK CLEARING, INC., Debtor.
Ferris, Baker Watts, Inc., Appellant,
v.
James P. Stephenson, Trustee for MJK Clearing, Inc.; Securities Investor Protection Corporation, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: February 12, 2004.
Filed: June 9, 2004.
Attorney(s) appearing for the Case
Richard A. Kirby, argued, Washington, D.C. (Daniel Marino, Washington, D.C., Terrence M. Fruth and Thomas E. Jamison of Minneapolis, MN on the brief), for appellant.
Stephen M. Mertz, argued, Minneapolis, MN (Robert L. Schnell, Jr., James Volling, Ted R. Cheesebrough, Jason K. Walbourn and Jesseca R.F. Grassley, Minneapolis, MN, Kenneth J. Caputo, Washington, D.C., on the brief), for appellee.
Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and RILEY, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
RILEY, Circuit Judge.
Ferris, Baker Watts, Inc. (Ferris) filed an adversary proceeding in the bankruptcy court1 against James P. Stephenson, the trustee (Trustee) for MJK Clearing, Inc. (MJK), to recover approximately $18 million in cash Ferris pledged as collateral for a stock-loan transaction. Ferris requested that the bankruptcy court impose a constructive trust or compel the Trustee to tender the cash collateral to Ferris. The Trustee...
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