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IN RE MIRANT CORP.

No. 11-10070.

675 F.3d 530 (2012)

In the Matter of MIRANT CORPORATION, Debtor. MC Asset Recovery LLC, Appellant-Cross Appellee, v. Commerzbank A.G.; ABN AMRO, Incorporated; Barclays Bank PLC; BNP Paribas; Calyon; Dankse Bank; ING Bank; Royal Bank of Scotland; Banca Intesa, Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

March 20, 2012.

Attorney(s) appearing for the Case

John Robert Forshey , Suzanne K. Rosen , Forshey & Prostok, L.L.P., Fort Worth, TX, Michael Joseph Collins , Bickel & Brewer, Jeffrey Scott Levinger (argued), Hankinson Levinger, L.L.P., Dallas, TX, for Appellant Cross-Appellee.

John Mark Chevallier , McGuire, Craddock & Strother, P.C., Dallas, TX, Hugh Matthew McDonald (argued), Keith Connolly Nusbaum , SNR Denton US, L.L.P., New York City, for Appellees Cross-Appellants.

Before BENAVIDES and PRADO, Circuit Judges, and ALVAREZ, District Judge.

ALVAREZ, District Judge:

The district court denied Defendants' motion to dismiss based on Plaintiff's alleged lack of standing. Thereafter, the district court granted summary judgment for Defendants. Both sides appealed. While we agree that the district court correctly determined that there was standing to bring the avoidance claim, we vacate the judgment of dismissal because the district court erroneously applied Georgia...

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