Wilmington Trust Company, et al v. AEP Generating Company, et al

Filing

OPINION and JUDGMENT filed : The judgment of the district court is REVERSED, and the case is REMANDED for entry of summary judgment in favor of plaintiff and other proceedings consistent with the opinion of this court. Decision for publication. Eric L. Clay, Jeffrey S. Sutton, and Richard Allen Griffin (AUTHORING), Circuit Judges.

Case: 16-3496

Document: 40-3

Filed: 04/14/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 16-3496

WILMINGTON TRUST COMPANY,
a Delaware corporation, acting in its capacity
as owner trustee of AEGCO Trust 1, AEGCO Trust 2,
AEGCO Trust 5, I&M Trust 1, I&M Trust 2, and I&M
Trust 5, and not in their individual capacities,
Plaintiff - Appellant,

FILED
Apr 14, 2017
DEBORAH S. HUNT, Clerk

v.
AEP GENERATING COMPANY, an Ohio
corporation; INDIANA MICHIGAN POWER
COMPANY, an Indiana corporation,
Defendants - Appellees.

Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is
REVERSED, and the case is REMANDED for entry of summary judgment in favor of plaintiff and other
proceedings consistent with the opinion of this court.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk