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IN RE SHARP INTERN. CORP.

No. 04-0214-BK.

403 F.3d 43 (2005)

In re: SHARP INTERNATIONAL CORP. & Sharp Sales Corp., Debtors. Sharp International Corp., Debtor-Appellant, v. State Street Bank and Trust Company, Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2005.

Attorney(s) appearing for the Case

Peter N. Wang, Foley & Lardner LLP, New York, N.Y. (Robert A. Scher, Kimberly J. Shur, Foley & Lardner LLP, New York, NY, on the brief) for Debtor-Appellant.

John M. Callagy, Kelley Drye & Warren LLP, New York, N.Y. (Neil Merkl, David Zalman, Kelley Drye & Warren LLP, New York, NY, on the brief) for Appellee.

Before: OAKES, JACOBS, and CABRANES, Circuit Judges.

JACOBS, Circuit Judge.

Over a period of years, debtor-appellant Sharp International Corporation ("Sharp") was looted by its controlling shareholders. Now, through its trustee in bankruptcy, Sharp sues one of the company's former lenders, State Street Bank and Trust Company ("State Street"), which suspected the fraud and extricated itself in a way that, according to Sharp, facilitated the victimization of other lenders and the continued looting of Sharp itself. Sharp...

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