IN RE FEDERATED DEPT. STORES, INC.

Nos. 93-3745, 93-4186.

44 F.3d 1310 (1995)

In re FEDERATED DEPARTMENT STORES, INC.; Allied Stores Corporation, Debtors. M. Scott MICHEL, United States Trustee, Plaintiff-Appellant, v. FEDERATED DEPARTMENT STORES, INC.; Shearson Lehman, Inc., Defendant-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1995.


Attorney(s) appearing for the Case

Neal J. Weill, Cincinnati, OH, Jennifer H. Zacks (argued), William Kanter (briefed), Civil Div., Appellate Staff, Martha L. Davis, Civil Div., Bruce G. Forrest (briefed), Civil Div. Appellate Staff, U.S. Dept. of Justice, Washington, DC, Lawrence J. Hackett, Columbus, OH, Jeanne M. Crouse, U.S. Dept. of Justice, Executive Office for U.S. Trustees, Washington, DC, for M. Scott Michel in No. 93-3745.

David G. Heiman, Cory Lipoff, Jones, Day, Reavis & Pogue, Cleveland, OH, for Federated Dept. Stores, Inc. in No. 93-3745.

Mark Thompson (argued and briefed), I. Scott Gottdiener, Michael P. Graney, Simpson, Thacher & Bartlett, New York City, for Shearson Lehman Bros., Inc. in No. 93-3745.

Jennifer H. Zacks (argued and briefed), U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, DC, for M. Scott Michel in No. 93-4186.

Mark Thompson (argued and briefed), Simpson, Thacher & Bartlett, New York City, for Shearson Lehman Bros., Inc. in No. 93-4186.

Before: KEITH, WELLFORD, and DAUGHTREY, Circuit Judges.


WELLFORD, Circuit Judge.

These consolidated appeals involve Lehman Brothers'1 request for compensation for services rendered to the debtor, Federated Department Stores, Inc., ("Federated") during its Chapter 11 reorganization. The bankruptcy court approved Lehman Brothers' appointment as a financial advisor to Federated over the strong objections of the United States Trustee ("Trustee").2 The Trustee argued...

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