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BANK OF NEW YORK v. FREMONT GENERAL CORP.

No. 05-56653.

514 F.3d 1008 (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.

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, CA; lain Nasatir, Pachulski Stang Ziehl Young Jones & Weintraub LLP, Los Angeles, CA, for appellee Fremont General Corporation.

John F. Finston, Katherine J. Eddy, Sonnensehein 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.

TALLMAN, Circuit Judge:

This case arises from a commercial bank deposit contract involving an account in which funds were held to secure the payment of claims in the highly regulated world of workers' compensation insurance. The Bank of New York ("BONY") appeals the district court's entry of partial summary judgment against it and ultimately judgment against it following a bench trial. BONY brought suit against Fremont General Corporation ("Fremont. General"), the...

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