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IN RE LTV STEEL CO., INC.

Nos. 06-4580, 07-3530, 07-3534, 07-3537.

560 F.3d 449 (2009)

In re LTV STEEL COMPANY, INC., Debtor. Glenn J. Moran, Appellant, v. LTV Steel Company, Inc. and Official Committee of Administrative Claimants, Appellees. William Jeffrey Bricker, Executor of the Estate of William H. Bricker, Appellant, v. Official Committee of Administrative Claimants, Appellee. Dennis Babcock, James Baske, Eric Evans, and George Henning, Appellants, v. Official Committee of Administrative Claimants and United States Trustee, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2009.

Attorney(s) appearing for the Case

ARGUED: Thomas S. Kilbane, Squire, Sanders & Dempsey, Cleveland, Ohio, Gregory R. Farkas, Frantz Ward, Cleveland, Ohio, for Appellants. Michael Andrew VanNiel, Baker & Ho Stetler, Cleveland, Ohio, Amy L. Good, Office of The U.S. Trustee, Cleveland, Ohio, for Appellees. ON BRIEF: Thomas S. Kilbane, Squire, Sanders & Dempsey, Cleveland, Ohio, Gregory R. Farkas, James B. Niehaus, Frantz Ward, Cleveland, Ohio, Robert R. Kracht, McCarthy, Lebit, Crystal & Liffman Co., Cleveland, Ohio, for Appellants. Michael Andrew VanNiel, Matthew Goldman, Baker & Hostetler, Cleveland, Ohio, Amy L. Good, Office of the U.S. Trustee, Cleveland, Ohio, P. Matthew Sutko, United States Department of Justice, Washington, D.C., for Appellees.

GILMAN, J., delivered the opinion of the court, in which COLE, J., joined. KENNEDY, J. (pp. 457-60), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

LTV Steel Company, Inc. filed for Chapter 11 bankruptcy protection in 2000. The United States Trustee for the Northern District of Ohio appointed the Official Committee of Administrative Claimants (ACC) to represent the interests of those creditors holding administrative claims. A Standing Order was entered by the bankruptcy court granting the ACC authority to bring a lawsuit against certain officers and directors...

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