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IN RE RFE INDUSTRIES, INC.

No. 00-2184.

283 F.3d 159 (2002)

In re RFE INDUSTRIES, INC. Fry's Metals, Inc.; Cameron & Mittleman, v. John J. Gibbons, Trustee for the Estate of RFE Industries, Inc.; Anton Noll, Inc.; Westbury Alloys, Inc.; Sparfven & Company, Inc.; Michael Sparfven. Fry's Metals, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed March 8, 2002.

Attorney(s) appearing for the Case

Jonathan I. Rabinowitz, (Argued), Henry M. Karwowski, Rabinowitz, Trenk, Lubetkin & Tully, P.C., West Orange, N.J., Attorneys for Appellant, Fry's Metals, Inc.

Lawrence K. Lesnick, (Argued), Ravin Greenberg P.C., Roseland, N.J., Attorney for Appellee, RFE Industries, Inc.

Before: SLOVITER, NYGAARD, and CUDAHY, Circuit Judges.

OPINION OF THE COURT

CUDAHY, Circuit Judge.

Fry's Metals, Inc. (Fry's) appeals from the judgment of the district court affirming the order of the bankruptcy court, which denied approval of a settlement between Fry's and the former Trustee of RFE. We vacate and remand.

I.

On August 19, 1997, RFE Industries, Inc. (Debtor or RFE) voluntarily filed a petition for relief under Chapter 11 of the United States Bankruptcy Code. On September 8,...

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