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GENTRY v. SIEGEL

No. 10-2418.

668 F.3d 83 (2012)

Robert GENTRY; Joseph Skaf; Jonathan Card; Jack Hernandez, Plaintiffs-Appellants, v. Alfred H. SIEGEL, solely in his capacity as trustee of the Circuit City Stores, Inc. Liquidating Trust, Defendant-Appellee. National Association of Consumer Advocates; National Association of Consumer Bankruptcy Attorneys, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Michael C. Righetti , Righetti Glugoski PC, San Francisco, California, for Appellants. Robert J. Feinstein , Pachulski Stang Ziehl & Jones LLP, New York, New York, for Appellee. ON BRIEF: Matthew Righetti , Righetti Glugoski PC, San Francisco, California; Jason Krumbein , Krumbein Consumer Legal Services, Inc., Richmond, Virginia, for Appellants. Gregg M. Galardi , Ian S. Fredericks , Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, Delaware; Lynn Tavenner , Paula S. Beran , Tavenner & Beran, PLC, Richmond, Virginia, for Appellee. Irv Ackelsberg , Langer Grogan & Diver, PC, Philadelphia, Pennsylvania, for Amici Curiae.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.

OPINION

NIEMEYER, Circuit Judge:

Robert Gentry, Joseph Skaf, Jonathan Card, and Jack Hernandez (collectively, "Named Claimants") filed "class proofs of claim" in these consolidated bankruptcy cases (the "bankruptcy case") in which Circuit City Stores, Inc. and related entities are the debtors (collectively "Circuit City"). Each proof of claim asserted that it was filed for the Named Claimant as a former employee of Circuit City and on behalf of a class of...

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