· 2/22/2007
Butt v. Bank of America, N.A.
Citations
- 477 F.3d 1171
- 2007 U.S. App. LEXIS 3815
- 2007 WL 533437
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- remanding with instructions to impose constructive trust if trial court finds that bank wrongfully withheld profits it received that should have gone to beneficial owner
- remanding for determination of whether constructive trust should be imposed under New Mexico law after finding bank was not acting under express trust
- remanding to district court to find whether constructive trust should be imposed under New Mexico law where bank, though not acting under express trust, was alleged to have kept profits that belonged to plaintiff
- “When exercising diversity jurisdiction, we apply state law with the objective of obtaining the result that would be reached in state court.” (citing Perlmutter v. U.S. Gypsum Co., 4 F.3d 864, 869 (10th Cir. 1993))
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, O'Brien, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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