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IN RE ATLANTA RETAIL, INC.

No. 05-12327.

456 F.3d 1277 (2006)

In re: ATLANTA RETAIL, INC., f.k.a. Wolf Camera, Inc., Debtor. Eastman Kodak Company, Plaintiff-Appellant, v. Atlanta Retail, Inc., f.k.a. Wolf Camera, Inc., etc. Wachovia Bank, National Association, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 18, 2006.

Attorney(s) appearing for the Case

Kenneth A. Shapiro, Mitchell & Shapiro, LLP, Atlanta, GA, Philip D. Anker, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, Daniel W. Sklar, Nixon Peabody, LLP, Manchester, NH, for Eastman Kodak Co.

Jeffrey W. Kelley, Ezra H. Cohen, Troutman Sanders, Wendy L. Hagenau, Powell Goldstein, LLP, Atlanta, GA, Jay Teitelbaum, Wendy S. Walker, Morgan, Lewis & Bockius, LLP, New York City, for Defendants-Appellees.

Before BIRCH and CARNES, Circuit Judges, and TRAGER, District Judge.

TRAGER, District Judge:

This appeal raises the question: under what circumstances will a creditor be barred from later bringing an action against a co-creditor based upon state law claims if, during the pendency of a bankruptcy, it failed to raise such claims.

Defendant-appellant Eastman Kodak Company ("Kodak") appeals the decision of the United States District Court for the Northern District of Georgia, which affirmed...

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