MERRILL LYNCH, PIERCE, FENNER v. ARELMA, INC.

No. 09-15573.

587 F.3d 922 (2009)

MERRILL LYNCH, PIERCE, FENNER AND SMITH, INCORPORATED, a corporation organized and existing under the laws of the State of Delaware with its principal place of business in New York, New York, Plaintiff-Appellee, v. ARELMA, INC., a corporation organized and existing under the laws of Panama with a permanent address at Ave. Justo Alosemena y Calle 41 Este, No. 40-59 Pte al Colegio Immeculada, Panama 1.Rep.de Panama, and a mailing address at c/o Suntrust Invenstment Co.S.A., ru deJargonnant 2, P.O. Box 76, 1211 Geneva 6, Switzerland; Philippine National Bank, Defendants-Appellants, The Estate of Roger Roxas, receiver, Felix Dacanay; Golden Budha Corporation, a corporation organized and existing under the laws of the State of Georgia, with a registered office at 710 West First Street, Blue Ridge, Georgia 30513, and a mailing address at 260 Carrollton St., Buchanan, GA 30113; Mariano J. Pimentel, on behalf of himself and all other persons similarly situated, Defendants-Appellees, and Suntrust Investment Co., S.A., a corporation organized and existing under the laws of Switzerland with an address at rue de Jargonnant 2, P.O. Box 76, 1211 Geneva 6, Switzerland; ENC Corporation, a corporation organized and existing under the laws of the State of Maryland, with an address at 232 Paula Lynn Drive, Silver Spring, MD, Defendants.

United States Court of Appeals, Ninth Circuit.

November 13, 2009.


Attorney(s) appearing for the Case

Argued by Charles A. Rothfeld, Mayer Brown LLP, Washington, DC, who was joined on the briefs by Kenneth S. Geller and David M. Gossett, Mayer Brown LLP, Washington, DC; Barry A. Smith and Jay R. Ziegler, Buchalter Nemer, Los Angeles, CA; and Bruce L. Lamon and Carol A. Eblen, Goodsill Anderson Quinn & Stifel, Honolulu, HI, for defendants-appellants, Arelma, Inc., et al.

Argued by Robert A. Swift, Kohn, Swift & Graf, P.C., Philadelphia, PA, for defendants-appellees, Pimentel, et al.

Before: ALEX KOZINSKI, Chief Judge, D.W. NELSON and KIM McLANE WARDLAW, Circuit Judges.


ORDER

In 1972, Ferdinand Marcos, then the President of the Republic of the Philippines, deposited approximately $2 million with Merrill Lynch in New York City. That money sat in a Merrill Lynch account for the next thirty-odd years, growing to approximately $33.8 million worth of cash and securities. By 2000, a number of claimants to Marcos's estate had come knocking, so Merrill Lynch filed an interpleader to determine who should get the money. That action ended...

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