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IN RE CBI HOLDING CO., INC.

Docket Nos. 04-5972-BK(L), 04-6300-BK(XAP).

424 F.3d 265 (2005)

In re CBI HOLDING CO., INC., Debtor, Bankruptcy Services, Inc., Plaintiff-Appellant-Cross-Appellee, v. Ernst & Young, Ernst & Young LLP, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 26, 2005.

Attorney(s) appearing for the Case

Jay G. Strum, (Arthur Steinberg, Robert B. Bernstein, Elisabeth C. Kahn on the brief), Kaye Scholer L.L.P., New York, New York for Plaintiff-Appellant-Cross-Appellee.

Andrew L. Frey, Mayer, Brown, Rowe & Maw L.L.P. (Richard F. Broude, Richard F. Broude, P.C., Irwin J. Sugarman and Harry S. Davis, Schulte Roth & Zabel L.L.P., Sanford J. Weisburst, Mayer, Brown, Rowe & Maw L.L.P., on the brief), New York, New York for Defendants-Appellees-Cross-Appellants.

Before: WINTER, Circuit Judge.

WINTER, Circuit Judge.

I read the following in open court just before the oral argument in this matter.

For the record, I had a conversation in the late spring of 2000 with a member of one of the law firms representing a party in this matter. The conversation concerned my intentions to continue serving as a federal judge after going on senior status in the fall of that year. I was informed that if I was considering retirement, the firm would be interested...

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