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IN RE THELEN LLP

Docket No. 12-4138-bk.

762 F.3d 158 (2014)

In re: THELEN LLP. Yann Geron, as Chapter 7 Trustee of the Estate of Thelen LLP, Plaintiff-Appellant, v. Seyfarth Shaw LLP, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2014.

Attorney(s) appearing for the Case

Howard P. Magaliff , Rich Michaelson Magaliff Moser, LLP, New York, New York, for Plaintiff-Appellant.

Thomas Feher , Thompson Hine LLP, Cleveland, OH ( M. Ryan Pinkston , Chicago, IL, and Robert W. Dremluk , Seyfarth Shaw LLP, New York, New York, on the brief), for Defendant-Appellee.

Damian Schaible ( David A. Lewis , on the brief), The Association of the Bar of the City of New York, New York, New York, for Amicus Curiae in support of Defendant-Appellee.

Before: LYNCH, CHIN, and CARNEY, Circuit Judges.

PER CURIAM:

On October 28, 2008, the partners of the law firm Thelen LLP ("Thelen") voted to dissolve the firm, which was insolvent. In effectuating the dissolution, Thelen's partners adopted the Fourth Amended and Restated Limited Liability Partnership Agreement ("Fourth Partnership Agreement") and a written Plan of Dissolution. The Fourth Partnership Agreement provided that it was governed by California law, and unlike...

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