OFFICIAL COMMITTEE v. COOPERS & LYBRAND

Docket No. 01-9432.

322 F.3d 147 (2003)

OFFICIAL COMMITTEE OF THE UNSECURED CREDITORS OF COLOR TILE, INC., as assignee of the claims of the Chapter 11 estates of Color Tile, Inc. and Color Tile Holdings, Inc. Plaintiff-Appellant, v. COOPERS & LYBRAND, LLP, Defendant-Appellee, Investcorp, S.A., ABF Acquisition Corp., Investcorp Bank, E.C., Investcorp Holdings Limited, Jon W. Hedley, Charles J. Philippin, E. Garrett Bewkes, III, Walter F. Loeb, Window Investments Limited, Shades International Limited, Shades Investments Limited, Blind Equity Limited, Blinds Holdings Limited, AIBC Investcorp Finance B.V., Investcorp Investment Holdings Limited, Acquisition Capital Limited, Corporate Capital Limited, Funding Capital Limited and Planning Capital Limited, Defendants, Investcorp International, Inc., CIP Limited, Corporate Equity Limited, Acquisition Equity Limited, Funding Equity Limited, Planning Equity Limited, Elias N. Hallack, Nemir A. Kirdar, Michael L. Merritt, Paul W. Soldatos, Defendants-Third-Party-Plaintiffs-Counter-Defendants, Eddie M. Lesok, Third-Party-Defendant-Counter-Claimant, N. Laurence Nagle, Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: February 20, 2003.


Attorney(s) appearing for the Case

Peter M. Fishbein, Kaye Scholer LLP, New York, NY (Jane W. Parver, Michael A. Lynn, Efrem Schwalb, on the brief), for Plaintiff-Appellant.

William R. Maguire, Hughes Hubbard & Reed LLP, New York, NY (Vilia B. Hayes, on the brief), for Defendant-Appellee.

Before: MINER, SOTOMAYOR, and KATZMANN, Circuit Judges.


MINER, Circuit Judge.

The action giving rise to this appeal was commenced in the United States District Court for the Southern District of New York (Cedarbaum, J.) by plaintiff-appellant Official Committee of the Unsecured Creditors of Color Tile, Inc. ("Color Tile Committee"), as assignee of the bankruptcy estate of Color Tile, Inc., against defendant-appellee Coopers & Lybrand, LLP ("Coopers"), an accounting firm that provided auditing and consulting...

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