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IN RE LAN TAMERS, INC.

No. 02-2309.

329 F.3d 204 (2003)

In re LAN TAMERS, INC., Debtor. City of Springfield, MAssachusetts, Plaintiff, Appellee, v. David W. Ostrander, Trustee in Bankruptcy, Defendant, Appellant, Lan Tamers, Inc.; Bank of Western Massachusetts; Educational Technology, Inc.; Universal Service Administrative Company; Official Unsecured Creditors' Committee of Lan Tamers, Inc., Defendants.

United States Court of Appeals, First Circuit.

Decided May 19, 2003.

Attorney(s) appearing for the Case

Eugene B. Berman, Kerry David Strayer, and Kamberg, Berman, P.C. on brief, for defendant-appellant.

Joseph B. Collins, George I. Roumeliotis, Hendel & Collins, Harry P. Carroll, Deputy City Solicitor, Melissa M. Shea, Associate City Solicitor, and Springfield Law Department on brief, for plaintiff-appellee.

Joseph H. Baldiga and Mirick, O'Connell, DeMallie & Lougee, LLP on brief, for Universal Service Administrative Company, amicus curiae.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

This case involves competing claims of the Springfield, Massachusetts public schools and the creditors of LAN Tamers, Inc., a bankrupt company, to a million-plus dollars. The case arises from the intersection of the federal Bankruptcy Code and the federal "E-Rate" program, created by the Telecommunications Act of 1996 to encourage public schools to connect to the internet. The E-Rate program subsidizes these internet connections with funds extracted...

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