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WALDRON, TRUSTEE FOR VENTURE FINAN. v. FDIC

No. 18-35375.

935 F.3d 844 (2019)

Mark D. WALDRON, Chapter 7 TRUSTEE FOR VENTURE FINANCIAL GROUP, INC., Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of Venture Bank, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2019.

Attorney(s) appearing for the Case

Joseph Brooks (argued), Counsel; Katheryn R. Norcross , Senior Counsel; Colleen J. Boles , Assistant General Counsel; Federal Deposit Insurance Corporation, Arlington, Virginia; for Defendant-Appellant.

Andrew H. Morton (argued) and Dillon E. Jackson , Foster Pepper PLLC, Seattle, Washington, for Plaintiff-Appellee.

Before: A. Wallace Tashima, William A. Fletcher, and Marsha S. Berzon, Circuit Judges.

OPINION

The Federal Deposit Insurance Corporation ("FDIC") obtained approximately $8.4 million in tax refunds as part of its receivership over a failed bank. The bank's parent company declared bankruptcy. Mark Waldron, the bankruptcy estate's trustee, contended that the tax refunds should be considered part of the bankruptcy estate...

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