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EBERHARD v. MARCU

Docket No. 06-4536-cv.

530 F.3d 122 (2008)

Sandi EBERHARD, Intervenor-Appellant, v. Aaron R. MARCU, Receiver for the Assets of Todd M. Eberhard, Receiver-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2008.

Attorney(s) appearing for the Case

Vivian Shevitz, (Jane Simkin Smith, of counsel, on the brief), South Salem, NY, for Appellant.

Andrew A. Ruffino, (Alan Vinegrad, Douglas B. Bloom, on the brief), Covington & Burling LLP, New York, NY, for Appellee.

Before CABRANES, SOTOMAYOR, and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

This appeal presents novel issues concerning the authority of a federal securities receiver over property claimed by a third party. We hold that a receiver cannot employ section 276 of New York's Debtor & Creditor Law to set aside a fraudulent conveyance where he represents only the transferor. We also hold that a third party is entitled to a jury trial under the Seventh Amendment to determine ownership of property claimed by a receiver...

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