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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/rettgp2424 and id is 1 raw text is: 





                                       TRUSTS 3D





  Generally

  D.N.M.2016.  Cit. generally in disc. In a dispute related to a statutory trust created under the Perishable
  Agricultural Commodities Act, the court noted that the United States Circuit Courts of Appeal had
  uniformly held that the interpretation of trust interests under the Act was guided by general trust
  principles, and that, even after the adoption of the New Mexico Uniform Trust Code, New Mexico
  courts continued to rely on the Restatements of Trusts, which presented an orderly statement of the
  common  law of the United States, to inform their interpretation of trust law. Skyline Potato Company,
  Inc. v. Hi-Land Potato Company, Inc., 188 F.Supp.3d 1097, 1149-1152.

  Ariz.App.2017. Cit. generally in sup. In a dispute over whether an agreement entered into pursuant to
  Federal Motor Carrier Safety Administration regulations created a trust or a contract for the payment of
  debt, this court relied on the Restatement Third of Trusts in concluding that the agreement created a
  trust, noting that Arizona courts followed the Restatements of the Law unless the state's legislature or
  courts had adopted a contrary rule. Owner-Operator Independent Drivers Association v. Pacific
  Financial Association, Inc., 388 P.3d 556, 564.

  Foreword

  D.N.M.2016.  Foreword quot. in sup. In a dispute related to a statutory trust created under the Perishable
  Agricultural Commodities Act, the court noted that the United States Circuit Courts of Appeal had
  uniformly held that the interpretation of trust interests under the Act was guided by general trust
  principles, and that, even after the adoption of the New Mexico Uniform Trust Code, New Mexico
  courts continued to rely on the Restatements of Trusts, which presented an orderly statement of the
  common  law of the United States, to inform their interpretation of trust law. Skyline Potato Company,
  Inc. v. Hi-Land Potato Company, Inc., 188 F.Supp.3d 1097, 1149, 1150.



               PART   1. NATURE,   CHARACTERISTICS, AND TYPES OF TRUSTS

                        CHAPTER 1. DEFINITIONS AND DISTINCTIONS

  § 2. Definition of Trust

  D.N.M.2016.  Com. (f) quot. in case quot. in disc. Potato growers that sold potatoes to produce broker
  brought a claim under the Perishable Agricultural and Commodities Act against broker and against
  competitor that also sold potatoes to broker and later acquired broker, alleging that broker failed to pay
  growers the proceeds from its sale of the potatoes and instead transferred them to competitor in breach
  of the statutory trust created by the Act. This court held that, although competitor knew that broker was
  experiencing financial difficulties, it did not breach its duties as co-beneficiary of the trust and was not




A  L Im      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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