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IN RE MEGAN-RACINE ASSOCIATES, INC.

Nos. 754, 793, and 794, Dockets 96-5076(L), 96-5084, and 96-5086.

102 F.3d 671 (1996)

In re MEGAN-RACINE ASSOCIATES, INC., Debtor. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for New Bank of New England, N.A., and Hudson Engineering Corporation, Creditors-Appellants, Megan-Racine Associates, Inc., Debtor-Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Creditor-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Wayne A. Cross, New York City (Sandor E. Schick, Sheryl B. Galler, Dewey Ballantine, New York City; Earle H. O'Donnell, Zori G. Ferkin, Donna M. Attanasio, Dewey Ballantine, Washington, DC, of counsel), for Creditor-Appellant Federal Deposit Insurance Corporation, as Receiver for New Bank of New England, N.A.

Marguerite K. Kingsmill, New Orleans, LA (W. Richard House, Jr., House, Kingsmill, Riess & Seabolt, L.L.C., of counsel), for Creditor-Appellant Hudson Engineering Corporation.

Robert L. Daileader, Jr., Washington, DC (Nixon, Hargrave, Devans & Doyle LLP, Washington, DC; Mitchel J. Katz, Menter, Rudin & Trivelpiece, P.C., Syracuse, NY, of counsel), for Debtor-Appellant Megan-Racine Associates, Inc.

Edward Berlin, Washington, DC (Robert V. Zener, William J. Mertens, Michael L. Shor, Swidler & Berlin, Chartered, Washington, DC; Paul J. Kaleta, General Counsel, Brian K. Billinson, Senior Counsel, Niagara Mohawk Power Corporation, Syracuse, NY), for Creditor-Appellee.

Before LUMBARD, OAKES and MAHONEY, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal raises a simple issue of statutory interpretation, but is set in a complex factual and legal background. The Federal Deposit Insurance Corporation ("FDIC"), Megan-Racine Associates, Inc. ("Megan"), and Hudson Engineering Corp. ("Hudson") appeal a Memorandum-Decision and Order of the United States District Court for the Northern District of New York, Rosemary S. Pooler, Judge, dated July 12, 1996, which reversed a decision...

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