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


OPINION and JUDGMENT filed : The judgment of the district court is AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings. Decision for publication. Eric L. Clay, Jeffrey S. Sutton, and Richard Allen Griffin (AUTHORING), Circuit Judges.

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Case: 16-3496 Document: 52-3 Filed: 06/08/2017 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 Jun 08, 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. AMENDED 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 AFFIRMED IN PART AND REVERSED IN PART, and the case is REMANDED for other proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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