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IN RE SIMPLY MEDIA, INC.

No. 08-2275.

566 F.3d 234 (2009)

In re SIMPLY MEDIA, INC., Debtor. Bradley C. Reifler, Plaintiff, Steven M. Notinger, Chapter 7 Trustee, Plaintiff, Appellee, v. Christina Brown, a/k/a Christina Rago, Individually and in her capacity as Trustee of First Marcus Trust, Defendant, Appellant. Elizabeth Brown; Maria Schulman; Dudley C. Goar; Middlesex Savings Bank; Angelika Thumm; Katherine San Filippo, Defendants.

United States Court of Appeals, First Circuit.

Decided May 15, 2009.

Attorney(s) appearing for the Case

James V. Tabner, for appellant.

Todd B. Gordon with whom Stephen F. Gordon and Gordon Haley LLP were on brief for appellee.

Before Boudin and Lipez, Circuit Judges, and Singal, District Judge.

PER CURIAM.

In the district court, Steven Notinger, the trustee in bankruptcy of David Deaver Brown and an affiliated corporate debtor called Simply Media, Inc., sought to recover for the estate allegedly fraudulent payments made by Simply Media to or for Christina Brown-David Brown's wife-individually and in her role as trustee of the First Marcus Trust. In addition, Notinger sought damages for Christina Brown's participation in a civil conspiracy.

At trial...

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