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IN RE ZENITH ELECTRONICS CORP.

No. 02-2078.

329 F.3d 338 (2003)

In re: ZENITH ELECTRONICS CORPORATION, Debtor. U.S. Trustee v. The Official Committee of Equity Security Holders (District of Delaware Civil No. 99-cv-00747). U.S. Trustee v. The Unofficial Committee of Equity Security Holders (District of Delaware Civil No. 00-cv-00399). Donald F. Walton, Acting United States Trustee for Region 3, Appellant.

United States Court of Appeals, Third Circuit.

Filed May 21, 2003.

Attorney(s) appearing for the Case

Robert D. McCallum, Jr., Assistant Attorney General, Colm F. Connolly, United States Attorney, William Kanter, Frank A. Rosenfeld, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, P. Matthew Sutko (Argued), Office of the General Counsel, Executive Office for United States Trustees, Washington, DC, Joseph J. McMahon, Jr., United States Department of Justice, Office of the Trustee, Wilmington, DE, for Appellants.

Harley J. Goldstein (Argued), Katten Muchin Zavis Rosenman, Chicago, Norman L. Pernick, J. Kate Stickles, Saul Ewing, LLP, Wilmington, for Appellees.

Before BECKER, Chief Judge, BARRY and BRIGHT, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from the order of the District Court, dismissing the U.S. Trustee's (the "Trustee") appeal of the Bankruptcy Court's grant of certain professional fees and expenses incurred by the Unofficial Committee of Equity Security Holders (the "Unofficial Committee") in furtherance of its effort to have the Bankruptcy Court order the appointment of an official committee of equity security holders, presents important...

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