In an action by a lender seeking to recover assets from a borrower that were seized by the government, a ruling for the government is reversed where the lender preserved its argument that it was a bona fide purchaser by stating the issue to the district court with sufficient clarity to give the court and opposing parties notice that it was asserting the issue.
Argued: April 20, 2009
Decided and Filed: July 27, 2009
Opinion by Judge Sutton
Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, MI