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IN RE FIBER-SPAN, INC.

Nos.: 21-1712, 21-1713, & 21-1806.

40 F.4th 79 (2022)

IN RE: FIBER-SPAN, INC., Debtor. Transit Wireless, LLC, v. Fiber-Span, Inc.; Allegheny Casualty Company. Allegheny Casualty Company, Appellant in No. 21-1712. Daniel E. Straffi, Chapter 7 Trustee for Fiber-Span, Inc., Appellant in No. 21-1713. Transit Wireless, LLC, Appellant in No. 21-1806.

United States Court of Appeals, Third Circuit.

Filed: July 5, 2022.

Attorney(s) appearing for the Case

Scott J. Freedman , Benjamin W. Spang [ARGUED], Dilworth Paxson, 457 Haddonfield Road — Suite 700, Cherry Hill, NJ 08002, Counsel for Daniel E. Straffi, Chapter 7, Trustee for Fiber-Span, Inc.

Michael D. Malloy , Finestein & Malloy, 6 Commerce Drive — Suite 304, Cranford, NJ 07016, Michael E. Norton [ARGUED], Hand Baldachin & Associates, 1740 Broadway — 15th Floor, New York, NY 10019, Counsel for Transit Wireless, LLC.

Adam P. Friedman , Chiesa Shahinian & Giantomasi, One Boland Drive, West Orange, NJ 07024, Michael Grohs [ARGUED], Saiber, 18 Columbia Turnpike — Suite 200, Florham Park, NJ 07932, Counsel for Allegheny Casualty Company.

Before: JORDAN, RESTREPO, and PORTER, Circuit Judges

OPINION OF THE COURT

Everyone, it seems, wants access to the internet and phone service all the time and everywhere, even when underground. This case is about an unsuccessful effort to meet that demand in New York City.

Transit Wireless, LLC, secured a contract to bring telecommunications services to New...

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