MEOLI v. THE HUNTINGTON NAT. BANK

Nos. 15-2308/2362.

848 F.3d 716 (2017)

Marcia R. MEOLI, Plaintiff-Appellee/Cross-Appellant, v. THE HUNTINGTON NATIONAL BANK, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2017.


Attorney(s) appearing for the Case

ARGUED: Robert A. Long, Jr. , Covington & Burling LLP, Washington, D.C., for Appellant/Cross-Appellee. Douglas A. Donnell , Mika Meyers PLC, Grand Rapids, Michigan, for Appellee/Cross-Appellant. ON BRIEF: Robert A. Long, Jr. , Mark W. Mosier , David M. Zionts , Covington & Burling LLP, Washington, D.C., Jeffrey O. Birkhold , James Moskal , Matthew T. Nelson , Warner Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant/Cross-Appellee. Douglas A. Donnell , Fredric N. Goldberg , Mika Meyers PLC, Grand Rapids, Michigan, for Appellee/Cross-Appellant. Joshua D. McKarcher , Clements, Brown & McNichols, P.A., Lewiston, Idaho, for Amicus Curiae.

ROGERS, J., delivered the opinion of the court in which SENTELLE, J., joined, and MOORE, J., joined in part. MOORE, J. (pp. 736-37), delivered a separate opinion concurring in Parts I, II, III, and V, and in the judgment as to Part IV.


OPINION

In this bankruptcy case, Trustee Marcia Meoli seeks to recover allegedly fraudulent transfers of funds from the now-bankrupt company, Teleservices, to Huntington National Bank. Huntington lent money to, and maintained the deposits of, another company called Cyberco, which had created Teleservices to perpetuate...

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