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Home / Case Digests / 04-4070 & 05-3960 Biesek v. Soo Line Railroad Co.

04-4070 & 05-3960 Biesek v. Soo Line Railroad Co.

“Decisions that have relied on judicial estoppel assume that the tort claim belongs to the debtor. Only then is one person on both sides of the same issue. Yet why would Biesek own this chose in action? Pre-bankruptcy claims are part of debtors’ estates; this FELA claim therefore belongs to the Trustee, for the benefit ...

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