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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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21
      Mullane dealt with the question of what notice was sufficient to
apprise beneficiaries of a judicial settlement of accounts in a common trust
fund. In that case, when the common trust fund was created, the trust
company mailed a notice to every person who might be entitled to a share
of the fund’s income. That notice included copies of state statutes that
explained that a judicial settlement of accounts would periodically occur
after the fund’s establishment, and that participants would be notified of
the settlement through publications in their local newspaper. The
Supreme Court held that this procedure failed to comply with the
requirements of due process and that the trustee was required to undertake
a “serious effort to inform [those affected] personally of the accounting.”
Most relevant to this case, the Supreme Court held that the trustee could
not dispense with this effort merely because it had previously provided
information to those affected. Instead, the Court held, those affected must
32                      NOZZI V. HACLA