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CITICORP VENTURE CAP v. COMMITTEE CREDITORS

No. 02-1815, 02-1905.

323 F.3d 228 (2003)

CITICORP VENTURE CAPITAL, LTD., a New York Corporation, Appellant v. COMMITTEE OF CREDITORS HOLDING UNSECURED CLAIMS, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation Citicorp Venture Capital, Ltd., a New York Corporation, v. Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation Appellant.

United States Court of Appeals, Third Circuit.

Filed March 19, 2003.

Attorney(s) appearing for the Case

Lawrence J. Slattery, (Argued), Morgan, Lewis & Bockius, New York, NY, Amy M. Tonti, Reed Smith, Pittsburgh, PA, for Appellant/Cross Appellee.

Philip E. Beard, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, Stephen M. Ray, (Argued), Stutman, Treister & Glatt, Los Angeles, CA, for Appellee/Cross Appellant.

Before NYGAARD, ALITO, and RENDELL, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This case arises out of the Chapter 11 filing of Papercraft Corporation and the subsequent litigation. Here, in our second review of determinations made by the Bankruptcy Court and the District Court, we must assess justifications for the subordination of several of Citicorp Venture Capital's ("CVC") claims, and we must evaluate the accompanying calculations. First, CVC argues that the District Court erroneously...

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