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IN RE NM HOLDINGS CO., LLC

No. 09-1870.

622 F.3d 613 (2010)

In re NM HOLDINGS COMPANY, LLC et al., Debtors. Stuart A. Gold, Chapter 7 Trustee of NM Holdings Company LLC (f/k/a Venture Holdings Company, LLC), NM EMCO, Inc., NM Industries Corporation, NM Mold & Engineering Corporation, NM Old Leasing Company, NM NEMCO Leasing, Inc., NM Holdings Corporation, NM Service Company, NM EXP LLC, and NM EU Corporation, Plaintiffs-Appellants, v. Deloitte & Touche LLP, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 30, 2010.

Attorney(s) appearing for the Case

ARGUED: Gregory D. Hanley , Kickham Hanley PLLC, Royal Oak, Michigan, for Appellants. John F. Hartmann , P.C., Kirkland & Ellis LLP, Chicago, Illinois, for Appellee. ON BRIEF: Gregory D. Hanley , Timothy O. McMahon , Kickham Hanley PLLC, Royal Oak, Michigan, for Appellants. John F. Hartmann, P.C., Mark S. Hamill , Kirkland & Ellis LLP, Chicago, Illinois, for Appellee.

Before: GILMAN and WHITE, Circuit Judges; WATSON, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Stuart Gold, as the trustee in bankruptcy for a group of companies collectively known as Venture, sued Deloitte & Touche LLP, Venture's former auditor, alleging that Deloitte (1) negligently performed its audits by failing to uncover and report unsound related-party transactions entered into by Venture's sole shareholder and CEO, and (2) aided and abetted the CEO's breach of his fiduciary duty to Venture. Deloitte...

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