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IN RE GREEKTOWN HOLDINGS, LLC

Nos. 18-1165 18-1166.

917 F.3d 451 (2019)

IN RE: GREEKTOWN HOLDINGS, LLC, Debtor. Buchwald Capital Advisors, LLC, Solely in its Capacity as Litigation Trustee to the Greektown Litigation Trust, Plaintiff-Appellant, v. Sault Ste. Marie Tribe of Chippewa Indians; Kewadin Casinos Gaming Authority, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2019.

Attorney(s) appearing for the Case

ARGUED: Gregory G. Rapawy , KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C., Washington, D.C., for Appellant. Grant S. Cowan , FROST BROWN TODD LLC, Cincinnati, Ohio, for Appellees. ON BRIEF: Gregory G. Rapawy , Michael K. Kellogg , Katherine C. Cooper , KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C., Washington, D.C., Joel D. Applebaum , CLARK HILL PLC, Birmingham, Michigan, for Appellant. Grant S. Cowan , FROST BROWN TODD LLC, Cincinnati, Ohio, for Appellees.

CLAY, J., delivered the opinion of the court in which GRIFFIN, J., joined. ZOUHARY, D.J. (pp. 22-27), delivered a separate dissenting opinion.

OPINION

Plaintiff Buchwald Capital Advisors, LLC, in its capacity as litigation trustee for the Greektown Litigation Trust, appeals the district court's January 23, 2018 order affirming the bankruptcy court's dismissal of Plaintiff's complaint on the basis of tribal sovereign immunity. Plaintiff's complaint seeks avoidance...

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