In an action by a lender seeking to recover assets from a borrower that were seized by the government, a ruling for the government is reversed where the lender preserved its argument that it was a bona fide purchaser by stating the issue to the district court with sufficient clarity to give the court and opposing parties notice that it was asserting the issue.

Read US v. Huntington Nat’l. Bank, No. 08-1729

Appellate Information

Argued: April 20, 2009

Decided and Filed: July 27, 2009

Judges

Opinion by Judge Sutton

Counsel

For Appellant:

Jeffrey O. Birkhold, Warner Norcross & Judd LLP, Grand Rapids, MI

For Appellee:

Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, MI

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