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SHERWOOD PARTNERS, INC. v. LYCOS, INC.

No. 03-55247.

394 F.3d 1198 (2005)

SHERWOOD PARTNERS, INC., Assignee for the Benefit of Creditors of International Thinklink Corporation, Plaintiff-counter-defendant-Appellee, v. LYCOS, INC., a Delaware Corporation aka Delaware Lycos, Inc., Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2005.

Attorney(s) appearing for the Case

James S. Monroe and Walter T. Johnson, Nixon Peabody LLP, San Francisco, CA, for the defendant-appellant.

Irving Sulmeyer and Janis G. Abrams, SulmeyerKupetz, Los Angeles, CA, for the plaintiff-appellee.

Before D.W. NELSON, Senior Circuit Judge, KOZINSKI and GRABER, Circuit Judges.

Opinion by Judge Kozinski; Dissent by Judge D.W. Nelson

KOZINSKI, Circuit Judge.

We consider whether the Bankruptcy Code preempts a state statute that gives an assignee selected by the debtor the power to void preferential transfers that could not be voided by an unsecured creditor.

Facts

Thinklink Corp., a unified messaging service provider, entered into an agreement with Lycos, which operates...

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