Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)

U.S. Court of Appeals, Third Circuit · Decided 2009-02-03

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OPINION OF THE COURT SLOVITER, Circuit Judge. This appeal, arising out of the self-described “strategic partnership” between Winstar Communications, Inc. (the bankrupt corporation) and Lucent Technologies Inc. (one of Winstar’s primary creditors and suppliers), presents us with an issue of first impression — when a creditor can be considered a non-statut…

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