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IN RE PURSUIT CAPITAL MANAGEMENT, LLC

No. 16-3953.

874 F.3d 124 (2017)

IN RE: PURSUIT CAPITAL MANAGEMENT, LLC, Debtor. Anthony Schepis; Frank Canelas; Pursuit Investment Management, LLC; Pursuit Opportunity Fund, I, LP; Pursuit Capital Management Fund, I, LP, Appellants v. Jeoffrey L. Burtch, Chapter 7 Trustee.

United States Court of Appeals, Third Circuit.

Filed: October 24, 2017.

Attorney(s) appearing for the Case

Daniel N. Brogan , Stuart M. Brown , R. Craig Martin [ARGUED], DLA Piper, 1201 N. Market St. — Ste. 2100, Wilmington, DE 19801, Counsel for Appellants.

Mark E. Felger , Barry M. Klayman , Cozen O'Connor, 1201 N. Market St. — Ste. 1001, Wilmington, DE 19801, Wendy B. Reilly [ARGUED], Debevoise & Plimpton, 919 Third Ave., New York, NY 10022, Counsel for Appellee.

Before: JORDAN, KRAUSE, Circuit Judges and STEARNS, District Judge.

OPINION OF THE COURT

This case seems at first blush to be about the validity of the sale of legal claims listed as assets in a bankruptcy estate, but, at this point, it is really about whether such merits issues have been preserved for present review. The appointed Trustee reached an agreement to sell the claims...

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