NAT'L HERITAGE FOUNDATION v. HIGHBOURNE FOUNDATION

No. 13-1608.

760 F.3d 344 (2014)

NATIONAL HERITAGE FOUNDATION, INCORPORATED, Plaintiff-Appellant, v. HIGHBOURNE FOUNDATION; John R. Behrmann; Nancy Behrmann, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2014.


Attorney(s) appearing for the Case

ARGUED: David B. Goroff , Foley & Lardner LLP, Chicago, Illinois, for Appellant. Glenn W. Merrick , G.W. Merrick & Associates, LLC, Centennial, Colorado, for Appellees. ON BRIEF: Erika L. Morabito , Rory E. Adams , Foley & Lardner LLP, Washington, D.C., for Appellant. Daniel J. Schendzielos , Colorado Trial Lawyers & Legal Services, LLC, Greenwood Village, Colorado, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge WILKINSON and Judge AGEE joined.


ON REHEARING

DIAZ, Circuit Judge:

On remand following an earlier appeal in this case, a bankruptcy court ruled that the non-debtor release provision in National Heritage Foundation's Chapter 11 reorganization plan was unenforceable. The district court affirmed. On appeal to this court, NHF argues that the courts below erred, claiming that the facts and circumstances surrounding its bankruptcy are sufficiently...

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