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IN RE DYNEGY, INC.

Docket No. 13-2581.

770 F.3d 1064 (2014)

In re DYNEGY, INC., Debtor. Stephen Lucas, Appellant, v. Dynegy Inc., Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 31, 2014.

Attorney(s) appearing for the Case

Nicholas I. Porritt and Steven J. Purcell , Levi & Korsinsky LLP, New York, NY, for Appellant.

J. Christopher Shore and Julia M. Winters , White & Case LLP, New York, NY, for Appellee.

Before: WALKER and HALL, Circuit Judges, and MURTHA, District Judge.

MURTHA, J.

Appeal from an order entered by the United States District Court for the Southern District of New York (Koeltl, J.), dismissing a bankruptcy appeal. The district court concluded appellant lacked standing to opt out of or object to the joint reorganization plan of appellee and its subsidiary on behalf of a putative class in a separate securities class action against appellee. Because appellant had opted out in his

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