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In re: MICHELLE MONICK BUNN, Debtor. _____________________________________ ARGENT MORTGAGE COMPANY, LLC, Appellee, v. WILLIAM TODD DROWN, Appellant. |
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Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 07-01206—James L. Graham, District Judge.
Argued: August 6, 2009
Decided and Filed: August 25, 2009
Before: MOORE and ROGERS, Circuit Judges; THAPAR, District Judge.
ROGERS, Circuit Judge. This case presents the question of whether a recorded mortgage that contains the street address of residential property—but not the legal description of the parcel of land—is sufficient to preclude the setting aside of the otherwise-valid mortgage in bankruptcy court. If such a recorded mortgage would give constructive notice to third parties under Ohio law, then the bankruptcy trustee cannot set aside the mortgage. The district court correctly concluded that the recorded mortgage gives sufficient notice, so the trustee may not set aside the mortgage.
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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MAHMOUD F. SALTI, Defendant, MOHAMMED F. SALTI, aka Mike Salti, Sr., nka Mohammed Al Ammouri; USRAH MARY SALTI, Claimants-Appellants. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 96-00153-001—Peter C. Economus, District Judge.
Argued: December 2, 2008
Decided and Filed: August 25, 2009
Before: MOORE and WHITE, Circuit Judges; TARNOW, District Judge.
WHITE, Circuit Judge. Mohammed F. Salti, also known as Mike Salti, Sr., and now known as Mohammed Al Ammouri (Al Ammouri), and his wife Usrah Mary Salti (Mary Salti) appeal the district court’s dismissal of their petition asserting an interest in a Swiss bank account the court had ordered forfeited as a result of the Government’s plea agreement with Al Ammouri’s nephew, Mahmoud F. Salti, also known as Mike Salti, Jr. (Mahmoud). On the Government’s motion, the court dismissed Al Ammouri’s claim pursuant to the fugitive disentitlement statute, 28 U.S.C. § 2466, and dismissed Mary Salti’s claim finding she lacked standing. We REVERSE and REMAND.
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WILLIAM BRISCOE, et al., Plaintiffs-Appellants, v. PREFERRED HEALTH PLAN, INC., Defendant-Appellee. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 02-00264—Charles R. Simpson, III, District Judge.
Argued: August 6, 2009
Decided and Filed: August 25, 2009
Before: CLAY, COOK, and KETHLEDGE, Circuit Judges.
CLAY, Circuit Judge. Plaintiffs William Briscoe, Laura Farley, Harold Smith, Lawrence Smith and Michael R. Straka are former employees of the defunct clothing manufacturer M. Fine & Sons Manufacturing Co., Inc. (“M. Fine”). Plaintiffs brought suit pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., against Defendants Preferred Health Plan, Inc. (“PHP”) and several former M. Fine directors and officers, though only PHP remains in the case. Plaintiffs appeal the district court’s order which granted their motion for summary judgment but limited PHP’s liability to $10,679.59. For the following reasons, we AFFIRM the district court’s judgment.