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IN RE BAYOU GROUP, LLC

Docket No. 07-1508-bk.

564 F.3d 541 (2009)

In re BAYOU GROUP, LLC, Debtor. Diana G. Adams, United States Trustee, Appellant, v. Receiver Jeff J. Marwil, for the Bayou Group Official Committee of Unsecured Creditors, and Bayou Group, LLC, Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 1, 2009.

Attorney(s) appearing for the Case

Michael E. Robinson, (William Kanter, of counsel), Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., (Peter D. Keisler, Assistant Attorney General, Ross E. Morrison, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., (Roberta A. DeAngelis, Acting General Counsel, Walter W. Theus, Jr., Department of Justice Executive Office for United States Trustees, Lisa L. Lambert, Assistant United States Trustee, of counsel), for Appellant.

Gary J. Mennitt, (H. Jeffrey Schwartz, Elise Scherr Frejka, Jonathan D. Perry, of counsel), Dechert LLP, New York, N.Y., for Appellee Bayou Group LLC et al.

Richard A. Kirby, (Scott P. Lindsay, Maria Goodman, of counsel), Kirkpatrick & Lockhart Preston Gates Ellis LLP, Washington, D.C., for Appellee Official Committee of Unsecured Creditors.

Before: WALKER, KATZMANN, GIBSON, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Appellant Diana G. Adams, United States Trustee (the "U.S. Trustee"), appeals from a judgment of the District Court for the Southern District of New York (Colleen McMahon, Judge) that affirmed a decision of the Bankruptcy Court (Adlai S. Hardin, Bankruptcy Judge) rejecting the U.S. Trustee's application under 11 U.S.C. § 1104 to appoint a trustee to manage the Bayou entities ("Bayou," or "the Bayou entities")...

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