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MATTER OF PFO GLOBAL, INC.

No. 20-10885.

26 F.4th 245 (2022)

In the MATTER OF: PFO GLOBAL, INCORPORATED, Debtor, VSP Labs, Incorporated, Creditor and Movant, Appellant, v. Hillair Capital Investments, L.P., Interested Party and Respondent; Hillair Capital Management, L.L.C., Interested Party and Respondent, Appellees, In the Matter of: PFO Global, Incorporated, Debtor, VSP Labs, Incorporated, Creditor and Movant, Appellant, v. Hillair Capital Investments, L.P., Hillair Capital Management, L.L.C., Appellees, In the Matter of: PFO Global, Incorporated, Debtor, VSP Labs, Incorporated, Creditor and Movant, Appellant, v. Hillair Capital Investments, L.P., Interested Party and Respondent; Hillair Capital Management, L.L.C., Appellees, In the Matter of: PFO Global, Incorporated, Debtor, VSP Labs, Incorporated, Appellant, v. Hillair Capital Investments, L.P., Hillair Capital Management, L.L.C., Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 9, 2022.

Attorney(s) appearing for the Case

Matthew Hogan Davis , Attorney, Locke Lord, L.L.P., Dallas, TX, Annie Amaral , AT, William Ross Warne , Downey Brand, L.L.P., Sacramento, CA, for Appellant.

Jason S. Brookner , William Nelson Drabble , Gray Reed , Dallas, TX, Adam Friedman , Jonathan T. Koevary , Olshan Frome Wolosky, L.L.P., New York, NY, for Appellees.

Before Higginbotham, Willett, and Duncan, Circuit Judges.

These consolidated cases arise out of the bankruptcy of Pro Fix Optix ("PFO") and a dispute over the validity and scope of the bankruptcy court's orders prohibiting one non-debtor, VSP Labs, Inc., from asserting claims against two other non-debtors, Hillair Capital Investments L.P. and Hillair Capital Management...

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