IN RE CONSOLIDATED FREIGHTWAYS CORP.

No. 04-55717.

443 F.3d 1160 (2006)

In re CONSOLIDATED FREIGHTWAYS CORPORATION, Debtor, Norfolk Southern Railway Company, Appellant, v. Consolidated Freightways Corporation; Consolidated Freightways Corporation of Delaware, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2006.


Attorney(s) appearing for the Case

Paul D. Keenan and Jonathan F. Ball, Janssen Keenan & Ciardi P.C., Philadelphia, PA, for the plaintiff-appellant.

Robert A. Klyman and Kimberly A. Posin, Latham & Watkins LLP, Los Angeles, CA, for the defendants-appellees.

Before PREGERSON, NOONAN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

In this appeal we consider whether, as a matter of federal common law, to recognize the interline trust doctrine and apply it in a federal bankruptcy proceeding. We decline to recognize the doctrine, and affirm the judgment of the district court.

I

Before filing a voluntary petition in bankruptcy in 2002, Consolidated Freightways Corporation ("Consolidated Freightways"), an interstate motor carrier, as defined under the Interstate...

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