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IN RE COLOR TILE INC.

No. 04-4351.

475 F.3d 508 (2007)

In re COLOR TILE INC., Debtor. Michael R. Buchanan, Official Committee of Unsecured Creditors, as Disbursing Agent Under the Plan of Liquidation (Formerly the Official Committee of Unsecured Creditors of Color Tile Inc., et al.), Appellant v. Reliance Insurance Company; Blackstone Family Investment Partnership; Pilgrim High Yield Trust; Bankers Trust Co.; IDS Extra Income Fund, Inc.; Dan Lufkin; Elise Lufkin; Northern Trust Company, as Trustee of a Master Trust for the Benefit of the Allied Signal, Inc.; Allied Signal Corp.; Prudential High Yield Fund, Inc.; Prudential Insurance Company of America, as Investment Manager for the General Motors High Yield Account; General Motors, General Motors High Yield Account; Prudential Series Fund, Inc.; Riverside Capital Advisors, Inc.; Bears, Sterns & Company, Inc.; Morgan Guaranty Trust Co. of New York; Atwell & Co; How & Co; Kelly & Co.; BTC U.S. High Yield Fund; Northeast Investors Trust; Northstar High Yield Bond Fund; Saloman Brothers, Inc.; State Street Research Strategic Growth & Income Fund; State Street Research Income Trust; State Street Research Equity Trust; State Street Research Investment Services, Inc.; State Street Research Growth Trust; Metropolitan Life Insurance Company.

United States Court of Appeals, Third Circuit.

Filed January 26, 2007.

Attorney(s) appearing for the Case

I. Connor Bifferato, Esq., Joseph K. Koury, Esq., Bifferato, Gentilotti, & Biden, Wilmington, DE, David F. Heroy, Esq., Brian E. Martin, Esq., Kevin Y. Pak, Esq., Bell, Boyd & Lloyd, LLC, Chicago, IL, Counsel for Appellant.

Paul A. Bradley, Esq., A. Richard Winchester, Esq., James J. Freebery, Esq., McCarter & English, LLP, Wilmington, DE, Counsel for Appellees.

Before FUENTES and SMITH, Circuit Judges, and YOHN, District Judge.

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 13, 2006.

OPINION

SMITH, Circuit Judge.

I.

Appellant Michael Buchanan argues that the District Court's grant of the defendant's Motion for Summary Judgment should be reversed because the amended complaint in this case relates back to the original complaint under Federal Rule of Civil Procedure 15(c), thereby precluding a grant of summary judgment on statute of limitations grounds...

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