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PLYMOUTH VENTURE PARTNERS, II, L.P. v. GTR SOURCE

Nos. 20-118, 20-850 August Term 2020.

52 F.4th 91 (2022)

PLYMOUTH VENTURE PARTNERS, II, L.P., Plymouth Management Company, in their capacities as receivers for FutureNet Group, Inc., Plaintiffs-Appellants, v. GTR SOURCE, LLC, Stephen W. Biegel, in his capacity as New York City Marshal, Badge No. 27, Defendants-Appellees. Plymouth Venture Partners, II, L.P., Plymouth Management Company, in their capacities as receivers for FutureNet Group, Inc., Plaintiffs-Appellants, v. Capital Merchant Services, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2022.

Attorney(s) appearing for the Case

Shane R. Heskin , White and Williams LLP, New York, NY, for Plaintiffs-Appellants Plymouth Venture Partners, II, L.P. and Plymouth Management Company, in their capacities as receivers for FutureNet Group, Inc.

Ryan K. Cummings ( James Zawodzinski , Jr., on the brief), Hodgson Russ LLP, Buffalo, NY, for Defendant-Appellee GTR Source, LLC.

Andrew P. Schriever ( Troy D. Lipp , on the brief), Cuddy & Feder LLP, White Plains, NY, for Defendant-Appellee Stephen W. Biegel, in his capacity as New York City Marshal, Badge No. 27.

Christopher R. Murray , Stein Adler Dabah & Zelkowitz, LLP, New York, NY, for Defendant-Appellee Capital Merchant Services, LLC.

Before: Walker, Sack, and Sullivan, Circuit Judges.

Basil Simon, as receiver for debtor FutureNet Group, Inc., sued FutureNet's judgment creditors — GTR Source, LLC ("GTR") and Capital Merchant Services, LLC ("CMS") — and the New York City Marshal for allegedly violating New York's procedural rules when they...

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