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WESTMORELAND HUMAN OPPORTUNITIES v. WALSH

No. 00-3070.

246 F.3d 233 (2001)

Westmoreland Human Opportunities, Inc., Appellant, v. James R. Walsh, Trustee of the Bankruptcy Estate of Life Service Systems, Inc.; Life Service Systems, Inc.

United States Court of Appeals, Third Circuit.

Filed April 10, 2001.

Attorney(s) appearing for the Case

DANIEL B. PAGLIARI, ESQUIRE, (ARGUED), Pagletta & Pagliari, Burrell, PA, Counsel for Appellant.

JAMES R. WALSH, ESQUIRE, (ARGUED), Spence, Custer, Sayler, Wolfe, and Rose, Counsel for Appellee.

DAVID W. OGDEN, ESQUIRE, Assistant Attorney General, HARRY LITMAN, ESQUIRE, United States Attorney, WILLIAM KANTER, ESQUIRE, H. TYOMAS BYRON, III, ESQUIRE, Attorneys, Appellate Staff, CAROLE W. WILSON, ESQUIRE, Associate General Counsel, ANGELO AIOSA, ESQUIRE, Assistant General Counsel, BATINA R. WILLS, ESQUIRE, Trial Attorney, Counsel for United States of America as Amicus Curiae.

BEFORE: BECKER, Chief Judge, SCIRICA and FUENTES, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This bankruptcy appeal requires us to define the boundaries of the term "property of the estate," as used in § 541 of Title 11 of the United States Code (Bankruptcy Code), in the context of a federal grant relationship. The appeal arises out of an adversary action instituted by the trustee of debtor Life Service Systems, Inc.(LSS) against defendant Westmoreland Human Opportunities, Inc. (WHO), charging the latter...

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