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IN RE APPLIED THEORY CORP.

Docket No. 06-3390-bk.

493 F.3d 82 (2007)

In re APPLIED THEORY CORPORATION, Debtor Applied Theory Corporation, Debtor, Official Committee of Unsecured Creditors of Applied Theory Corporation, Appellant, v. Halifax Fund, L.P., Palladin Partners I, L.P., Palladin Overseas Fund Ltd., Hatteras Partners, L.P., "filing For" DeAm Convertible Arbitrage Fund, Ltd., Spectrum Investments Partners, LP, Elliott International, L.P., Elliott Associates, L.P., Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2007.

Attorney(s) appearing for the Case

Andrew I. Silfen (Leah M. Eisenberg and Heike M. Vogel, on the brief), Arent Fox, LLP, New York, NY, for Appellant.

Kirk L. Brett, New York, NY, for Appellees Halifax Fund, L.P., Palladin Partners I, L.P., Palladin Overseas Fund Ltd., Hatteras Partners, L.P. (filing for DeAm Convertible Arbitrage Fund, Ltd.), and Spectrum Investments Partners, LP (David Parker, Kleinberg, Kaplan, Wolff, & Cohen, P.C., New York, NY, on the brief, for Appellees Elliott International, L.P., and Elliott Associates, L.P.).

Before: WALKER, SACK, and B.D. PARKER, Circuit Judges.

PER CURIAM:

Appellant Official Committee of Unsecured Creditors of AppliedTheory Corporation (the "Committee"), appeals from an order of the United States District Court for the Southern District of New York (Cote, J.), affirming an order of the United States Bankruptcy Court for the Southern District of New York (Gerber, J.) denying the Committee authorization to assert a claim of equitable subordination under Section 510(c) of the Bankruptcy Code,...

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