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TORCH LIQUIDATING TRUST EX REL. BRIDGE ASSOC., L.L.C. v. STOCKSTILL

No. 08-30404.

561 F.3d 377 (2009)

The TORCH LIQUIDATING TRUST, by and through BRIDGE ASSOCIATES L.L.C. as trustee, Plaintiff-Appellant, v. Lyle STOCKSTILL; Lana J. Hingle Stockstill; Andrew L. Michel; R. Jere Shopf; Ken Wallace; Curtis Lemons; Robert E. Fulton; XL Specialty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 23, 2009.

Attorney(s) appearing for the Case

Alan H. Goodman, (argued), William R. Forrester, Jr. (argued), Lemle & Kelleher, LLP, New Orleans, LA, for Torch Liquidating Trust.

Harry A. Rosenberg (argued), David L. Patron, Christopher Kent Ralston, Phelps Dunbar, New Orleans, LA, for Lyle Stockstill, Lana Stockstill, Michel, Shopf, Wallace, Lemons, Fulton.

Robert Joseph Burns, Jr., Perry, Atkinson, Balhoff, Mengis & Burns, Baton Rouge, LA, for XL Specialty Ins. Co.

Before KING, DENNIS and ELROD, Circuit Judges.

KING, Circuit Judge:

Torch Liquidating Trust, through its trustee Bridge Associates L.L.C., brings this suit alleging breach of fiduciary duties by the officers and directors of Torch Offshore, Inc.; Torch Offshore, L.L.C.; and Torch Express, L.L.C. The district court dismissed plaintiff's amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that the amended complaint's allegations of injury to the creditors of Torch Offshore...

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