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MARBLEGATE ASSET v. ED. MANAG. FINANCE

Docket No. 15-2124-cv(L), 15-2141-cv(CON) August Term, 2015.

846 F.3d 1 (2017)

MARBLEGATE ASSET MANAGEMENT, LLC, Marblegate Special Opportunities Master Fund, L.P., Plaintiffs-Counter-Defendants-Appellees, v. EDUCATION MANAGEMENT FINANCE CORP., Education Management, LLC, Defendants-Appellants, Education Management Corporation, Defendant-Counter-Claimant-Appellant, Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management, LLC, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2017.

Attorney(s) appearing for the Case

SEAN E. O'DONNELL ( Christopher W. Carty , Lucy C. Malcolm , Stewart R. Gilson , Pratik A. Shah , Hyland Hunt , on the brief), Akin Gump Strauss Hauer & Feld LLP, New York, NY, for Plaintiffs-Counter-Defendants-Appellees.

EMIL A. KLEINHAUS ( Alexander B. Lees , on the brief), Wachtell, Lipton, Rosen & Katz, New York, NY, for Defendants-Appellants and Defendant-Counter-Claimant-Appellant.

ANTONIA M. APPS ( Aaron L. Renenger , on the brief), Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Intervenor-Appellant.

Before: CABRANES, STRAUB, and LOHIER, Circuit Judges.

Defendant-appellant Education Management Corporation ("EDMC") and its subsidiaries appeal from a judgment following a bench trial before the United States District Court for the Southern District of New York (Failla, J.). The District Court held that a series of transactions meant to restructure EDMC...

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