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OFFICIAL COMM. OF UNSEC. CRED., WORLDCOM v. SECURITIES AND EXCHANGE COMMISSION

Docket No. 04-4710-cv.

467 F.3d 73 (2006)

OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF WORLDCOM, INC., Appellant, v. SECURITIES and EXCHANGE COMMISSION, Plaintiff-Appellee, Worldcom, Inc., Defendant, H. Carl McCall, Kaye Scholer LLP, Movants.

United States Court of Appeals, Second Circuit.

Decided: October 2, 2006.

Attorney(s) appearing for the Case

Rex S. Heinke, Akin Gump Strauss Hauer & Feld LLP (L. Rachel Helyar, Daniel H. Golden, Ira S. Dizengoff, on the brief), Los Angeles, CA, for appellant.

Hope Hall Augustini, Senior Litigation Counsel, Securities & Exchange Commission (Giovanni Prezioso, General Counsel, Eric Summergrad, Deputy Solicitor, Randall W. Quinn, Assistant General Counsel, on the brief; Meyer Eisenberg, Deputy General Counsel, of counsel), Washington, DC, for appellee.

Before POOLER and SOTOMAYOR, Circuit Judges, and KORMAN, District Judge.

SOTOMAYOR, Circuit Judge.

Appellant Official Committee of Unsecured Creditors of WorldCom, Inc. ("the Committee") appeals from an order of the United States District Court for the Southern District of New York (Rakoff, J.) approving a plan by the Securities and Exchange Commission (the "SEC") to distribute money to the victims of WorldCom, Inc.'s ("WorldCom") securities fraud. The SEC prepared a distribution plan pursuant to the "Fair Funds for Investors" provision...

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