Filed: Oct. 13, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1541 CORSAIR SPECIAL SITUATIONS FUND, L.P., Plaintiff - Appellee, v. AJD CONSTRUCTION COMPANY, INCORPORATED, Defendant – Appellant, and ENGINEERED FRAMING SYSTEMS, INCORPORATED; JOHN J. HILDRETH, P.E.; MARIE NOELLE HILDRETH; EFS STRUCTURES, INCORPORATED, Defendants. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:06-cv-02081-WDQ) Submitted:
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1541 CORSAIR SPECIAL SITUATIONS FUND, L.P., Plaintiff - Appellee, v. AJD CONSTRUCTION COMPANY, INCORPORATED, Defendant – Appellant, and ENGINEERED FRAMING SYSTEMS, INCORPORATED; JOHN J. HILDRETH, P.E.; MARIE NOELLE HILDRETH; EFS STRUCTURES, INCORPORATED, Defendants. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:06-cv-02081-WDQ) Submitted: ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1541
CORSAIR SPECIAL SITUATIONS FUND, L.P.,
Plaintiff - Appellee,
v.
AJD CONSTRUCTION COMPANY, INCORPORATED,
Defendant – Appellant,
and
ENGINEERED FRAMING SYSTEMS, INCORPORATED; JOHN J. HILDRETH,
P.E.; MARIE NOELLE HILDRETH; EFS STRUCTURES, INCORPORATED,
Defendants.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:06-cv-02081-WDQ)
Submitted: September 18, 2009 Decided: October 13, 2009
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert P. Ewing, EWING & KREISER, P.C., Conshohocken,
Pennsylvania; Matthew T. Murnane, VENABLE, LLP, Baltimore,
Maryland, for Appellant. Jessica A. duHoffmann, Robert S.
Brennen, MILES & STOCKBRIDGE, PC, Baltimore, Maryland; Matthew
S. Sturtz, MILES & STOCKBRIDGE, PC, Towson, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
AJD Construction Company, Incorporated (“AJD”),
appeals a district court order granting summary judgment to
Corsair Special Situations Fund, L.P. (“Corsair”), denying AJD’s
motion for summary judgment, awarding damages to Corsair and an
order denying the motion to alter or amend the judgment. AJD
claims the court erred in finding the payments it made to an
escrow account were payments made to Engineered Framing Systems,
Incorporated (“EFS”). AJD also claims Corsair waived any claim
it had against the payments and that it should be collaterally
estopped from asserting a claim against AJD. Finding no error,
we affirm.
This court reviews de novo a district court’s order
granting summary judgment and views the facts in the light most
favorable to the nonmoving party. Bogart v. Chapell,
396 F.3d
548, 555 (4th Cir. 2005). Summary judgment is appropriate when
no genuine issue of material fact exists and the moving party is
entitled to judgment as a matter of law. See Fed. R. Civ. P.
56(c); Bogart, 396 F.3d at 555. Summary judgment will be
granted unless a reasonable jury could return a verdict for the
nonmoving party on the evidence presented. Anderson v. Liberty
Lobby, Inc.,
477 U.S. 242, 247-48 (1986).
We find AJD had notice of Corsair’s right to EFS’
accounts receivables, see N.J. Stat. Ann. § 12A:9-406(a), and
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that AJD ignored the notice and continued to make payments to
EFS by establishing an escrow account. The escrow account was
nothing more than a method through which AJD could make payments
to EFS without giving the appearance that it was making direct
payments in violation of Corsair’s right to the accounts
receivables. We further find AJD’s waiver and collateral
estoppel arguments are without merit. *
Accordingly, we affirm the district court’s orders.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
*
We note AJD has abandoned any challenge to the district
court’s order denying the motion to alter or amend the judgment.
Edwards v. City of Goldsboro,
178 F.3d 231, 241 n.6 (4th Cir.
1999) (holding that failure to raise a specific issue in the
opening brief constitutes abandonment of the issue under Fed. R.
App. P. 28(a)(9)(A), requiring that the argument section of the
opening brief contain contentions, reasoning, and authority).
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