U.S. BANK NAT. ASS'N v. FEDERAL INS. CO.

No. 10-3472.

664 F.3d 693 (2011)

U.S. BANK NATIONAL ASSOCIATION, Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY; Old Republic Insurance Company; National Union Fire Insurance Company of Pittsburgh; Twin City Fire Insurance Company; XL Specialty Insurance Company; RLI Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2011.


Attorney(s) appearing for the Case

William Zane Pentelovitch , argued, Minneapolis, MN, Wayne S. Moskowitz , Margaret S. Brownell , Minneapolis, MN, Michael Jay Abrams , Kansas City, MO, on the brief, for appellant.

Daniel J. Standish , argued, Washington, DC, for all appellees.

Daniel J. Standish , Gary P. Seligman , Washington, DC, David F. Oliver , Kurt D. Williams , Kansas City, MO, on the brief, for appellee Federal Insurance Company.

Christopher T. Conrad , Anne K. Lewis , Barrington, IL, Christopher J. Carpenter , Curtis O. Roggow , Overland Park, KS, on the brief, for appellee Old Republic Insurance Company.

Rebecca S. Yocum , Kansas City, MO, Leslie S. Ahari , McLean, VA, David F. Cutter , Chicago, IL, for appellee XL Specialty Insurance Company.

Michael R. Davisson and Douglas J. Collodel , on the brief, Los Angeles, CA, for appellee RLI Insurance Company.

Neil Lloyd , on the brief, Chicago, IL, for appellee Twin City Fire Insurance Company.

Thomas B. Weaver and Christopher D. Baucom , on the brief, St. Louis, MO, for appellee National Union Fire Insurance Company of Pittsburgh, PA.

Before MELLOY and SMITH, Circuit Judges, and GRITZNER, District Judge.


MELLOY, Circuit Judge.

U.S. Bank National Association, as trustee for a creditors' trust (the "Trust"), holds a $56 million stipulated judgment against Paul Yarrick, a former officer of Interstate Bakeries, Inc. ("Interstate"). Interstate has emerged from a voluntary Chapter 11 bankruptcy reorganization. In the bankruptcy proceedings, the Trust obtained the right to bring the action that later resulted in the judgment against...

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