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LITZLER v. CC INVESTMENTS, L.D.C.

No. 03-5022.

362 F.3d 203 (2004)

John H. LITZLER, Chapter 7 Trustee for the Bankruptcy Estate of Data Race, Inc., Plaintiff-Appellee, v. CC INVESTMENTS, L.D.C., Castle Creek Partners, LLC., Olympus Securities, Ltd., Nelson Partners, and Citadel Limited Partnership, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2004.

Attorney(s) appearing for the Case

Peter Buscemi, Morgan, Lewis & Bockius, LLP, New York, NY, for Defendants-Appellants Olympus Securities, Ltd., Nelson Partnership and Citadel Limited Partnership.

Scott Edelman, Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Defendants-Appellants CC Investments, LDC and Castle Creek Partners, LLC.

Paul Wexler, Bragar Wexler Eagel & Morgenstern, LLP, New York, NY, and Glenn F. Ostrager, Ostrager, Chong & Flaherty LLP, New York, NY, for Plaintiff-Appellee John H. Litzler, Chapter 7 Trustee for the Bankruptcy Estate of Data Race, Inc.

Before: JACOBS, STRAUB, and B.D. PARKER

JACOBS, Circuit Judge.

This interlocutory appeal pursuant to 28 U.S.C. § 1292(b) is taken from an order of the United States District Court for the Southern District of New York (Hellerstein, J.) denying a motion to dismiss, as time-barred, a claim under Section 16 of the Exchange Act of 1934 ("the Exchange Act"), 15 U.S.C. § 78p(b). The security transactions at issue were made by equity shareholders who were subject to Section 16 only if they constituted...

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