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LEVIN v. MILLER

No. 17-1775.

900 F.3d 856 (2018)

Elliott D. LEVIN, as Chapter 7 Trustee for Irwin Financial Corporation, Plaintiff-Appellant, v. William I. MILLER, Gregory F. Ehlinger, and Thomas D. Washburn, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

DECIDED August 17, 2018.

Attorney(s) appearing for the Case

Alfred S. Lurey , Attorney, Kilpatrick Townsend & Stockton LLP, Atlanta, for Plaintiff-Appellant.

Kevin D. Koons , Attorney, Steven E. Runyan , Attorney, James A. Knauer , Attorney, Kroger, Gardis & Regas, Indianapolis, for Defendants-Appellees.

Before Kanne and Sykes, Circuit Judges, and Darrow, District Judge.

Irwin Financial Corporation was a holding company for two banks that failed in the wake of the 2007-2008 financial crisis. When the crisis began, regulators and Irwin's outside legal counsel both advised the company to buoy up its sinking subsidiaries. Irwin's Board of Directors therefore instructed the officers to do everything...

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