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GRAY v. EVERCORE RESTRUCTURING L.L.C.

No. 07-2588.

544 F.3d 320 (2008)

Stephen S. GRAY, in his capacity as the Trustee of the High Voltage Engineering Liquidating Trust, Plaintiff, Appellant, v. EVERCORE RESTRUCTURING L.L.C., a Delaware Limited Liability Company; Jefferies & Company, Inc., a Delaware Corporation; Fried, Frank, Harris, Shriver & Jacobson LLP, a Delaware Limited Liability Partnership; Evercore Restructuring L.P., a Delaware Limited Partnership, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 6, 2008.

Attorney(s) appearing for the Case

Mark L. Weyman, with whom Michael J. Venditto, Reed Smith LLP, George W. Tetler, III, Mark W. Powers, and Bowditch & Dewey, LLP, were on brief, for appellant.

Sabin Willett, with whom John J. Curtin, Jr., Rheba Rutkowski, Francesca L. Miceli and Bingham McCutchen LLP, were on brief, for appellee, Fried, Frank, Harris, Shriver & Jacobson LLP.

Alexandra A.E. Shapiro, with whom Robert J. Rosenberg, James Brandt, Henry P. Baer, Jr., Latham & Watkins LLP, Andrew Z. Schwartz, Adam M. Weisberger, and Foley Hoag LLP, were on brief, for appellee Jefferies & Company, Inc.

Joseph G. Blute, with whom Kevin M. McGinty, Nancy D. Adams, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Mark Thompson, Elisha D. Graff, and Simpson Thacher & Bartlett LLP, were on brief, for appellee Evercore Restructuring LLC.

Before HOWARD and SELYA, Circuit Judges, and STAFFORD, Senior District Judge.

HOWARD, Circuit Judge.

In 2004, High Voltage Engineering Corporation (HVE), a Massachusetts corporation that was on the ropes financially, submitted a restructuring plan to a bankruptcy court in a Chapter 11 proceeding. Although confirmed, the restructuring plan proved unsuccessful and HVE's businesses and assets were liquidated.

In 2006, the appellant in this case, a trustee representing the HVE liquidating trust,1 filed a complaint...

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