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BANK OF NEW YORK v. FREMONT GENERAL CORP.

No. 05-56653.

523 F.3d 902 (2008)

BANK OF NEW YORK, a banking corporation organized under law of New York, Plaintiff-Appellant, v. FREMONT GENERAL CORPORATION, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 16, 2007.

Filed February 1, 2008.

Amended April 25, 2008.

Attorney(s) appearing for the Case

Robert L. Wallan (argued), Kimberly L. Buffington, Mariah L. Brandt, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA, for appellant Bank of New York.

Michael C. Lieb (argued), Leemore Kushner, Willenken, Wilson, Loh & Lieb, Los Angeles, CA; Iain Nasatir, Pachulski Stang Ziehl Young Jones & Weintraub LLP, Los Angeles, CA, for appellee Fremont General Corporation.

John F. Finston, Katherine J. Eddy, Sonnenschein Nath & Rosenthal LLP, San Francisco, CA, for amicus curiae Superintendent of the State of New York as Ancillary Receiver of Fremont Indemnity Company and the New York Liquidation Bureau.

Before: ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD, and RICHARD C. TALLMAN, Circuit Judges.

ORDER AMENDING OPINION, DENYING PETITION FOR REHEARING, AND AMENDED OPINION

ORDER

The opinion filed on February 1, 2008, and published at 514 F.3d 1008 (9th Cir. 2008), is AMENDED as follows:

Page 1019 After <BONY's damages are therefore the $14 million that the bank was legally obligated to pay to the New York Insurance Department out of its own pocket.> insert a footnote stating: <On remand, Fremont...

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