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IN RE WINSTAR COMMUNICATIONS, INC.

No. 07-2569.

554 F.3d 382 (2009)

In re WINSTAR COMMUNICATIONS, INC., Debtor. Christine C. Schubert, Chapter 7 Trustee v. Lucent Technologies Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed: February 3, 2009.

Attorney(s) appearing for the Case

Craig Goldblatt, Esq. (Argued), Wilmer Hale, Washington, DC, for Appellant.

Andrew C. Gold, Esq., David R. King, Esq., Stephen M. Rathkopf, Esq. (Argued), Herrick Feinstein, New York, NY, for Appellee.

Robert K. Rasmussen, Esq., University of Southern California, Los Angeles, CA, for Amicus-Appellant.

G. Eric Brunstad, Jr., Esq., Bingham McCutchen, Hartford, CT, for Amicus-Appellee.

Before: SLOVITER, GREENBERG, Circuit Judges, and IRENAS, Senior District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal, arising out of the self-described "strategic partnership" between Winstar Communications, Inc. (the bankrupt corporation) and Lucent Technologies Inc. (one of Winstar's primary creditors and suppliers), presents us with an issue of first impression — when a creditor can be considered a non-statutory insider for purposes of extending the time for recovery of preferential payments. Ordinarily...

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