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IN RE CONSOLIDATED FREIGHTWAYS CORP. OF DELAWARE

No. 07-56720.

564 F.3d 1161 (2009)

In the Matter of CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Debtor, Consolidated Freightways Corporation of Delaware, Appellant, v. Aetna, Inc., Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2009.

Attorney(s) appearing for the Case

David L. Neale, Levene, Neale, Bender, Rankin & Brill, L.L.P., Los Angeles, CA, for the appellant.

Robert S. Gebhard, Sedgwick, Detert, Moran & Arnold, LLP, San Francisco, CA, for the appellee.

Before FERDINAND F. FERNANDEZ, BARRY G. SILVERMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

FERNANDEZ, Circuit Judge:

K. Morgan Enterprises, Inc., Trustee of the Trust of Certain Creditors of Consolidated Freightways Corp. and Certain Affiliates ("Trustee") appeals from a decision of the district court affirming a determination by the bankruptcy court regarding certain claims of priority made by Aetna, Inc. Aetna claimed priority for "claims for contributions to an employee benefit plan." 11 U.S.C. § 507(a...

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