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IN RE marchFIRST INC.

No. 08-3600.

589 F.3d 901 (2009)

In re marchFIRST INCORPORATED, Debtor. Appeal of CIT Communications Finance Corporation, formerly known as Newcourt Communications Finance Corporation.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 2009.

Attorney(s) appearing for the Case

Andrew J. Maxwell, Attorney, Maxwell & Potts, Chicago, IL, for Debtor.

Stephen J. Rosenfeld, Attorney, Bruce N. Menkes, Attorney (argued), Mandell Menkes, LLC, Chicago, IL, for Appellant.

Don R. Sampen, Attorney (argued), Clausen Miller, Chicago, IL, for Trustee-Appellee.

Before BAUER and SYKES, Circuit Judges, and SIMON, District Judge.

BAUER, Circuit Judge.

CIT Communications Finance Corporation leased phone equipment to marchFIRST, Inc. When marchFIRST filed for bankruptcy protection and failed to return the equipment, CIT eventually sought damages from Andrew Maxwell, the trustee in bankruptcy, for breach of fiduciary duty. The bankruptcy court dismissed the claims as barred by the statute of limitations. The district court affirmed. Finding that the five-year statute of limitations bars CIT's...

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