Filed: Apr. 21, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1269 In Re: PATHNET OPERATING, INCORPORATED, Debtor. - 360NETWORKS (USA) INCORPORATED, Creditor - Appellant, versus GORDON P. PEYTON, Chapter 7 Trustee, Trustee - Appellee, NORTEL NETWORKS, INCORPORATED; CISCO SYSTEMS CAPITAL CORPORATION, Creditors - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-04-567; CA-04-790; CA-04-79
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1269 In Re: PATHNET OPERATING, INCORPORATED, Debtor. - 360NETWORKS (USA) INCORPORATED, Creditor - Appellant, versus GORDON P. PEYTON, Chapter 7 Trustee, Trustee - Appellee, NORTEL NETWORKS, INCORPORATED; CISCO SYSTEMS CAPITAL CORPORATION, Creditors - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-04-567; CA-04-790; CA-04-791..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1269
In Re: PATHNET OPERATING, INCORPORATED,
Debtor.
--------------------
360NETWORKS (USA) INCORPORATED,
Creditor - Appellant,
versus
GORDON P. PEYTON, Chapter 7 Trustee,
Trustee - Appellee,
NORTEL NETWORKS, INCORPORATED; CISCO SYSTEMS
CAPITAL CORPORATION,
Creditors - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-04-567; CA-04-790; CA-04-791; BK-01-12266-SSM; BK-01-
12267-SSM; BK-01-12268-SSM; BK-01-12269-SSM)
Argued: March 17, 2006 Decided: April 21, 2006
Before WIDENER and TRAXLER, Circuit Judges, and Cameron McGowan
CURRIE, United States District Judge for the District of South
Carolina, sitting by designation.
Affirmed by unpublished per curiam opinion.
ARGUED: Stephen Henry Nelsen, CLINE, WILLIAMS, WRIGHT, JOHNSON &
OLDFATHER, L.L.P., Lincoln, Nebraska, for Appellant. K. Stewart
Evans, Jr., PEPPER HAMILTON, L.L.P., Washington, D.C., for
Appellees. ON BRIEF: Philip C. Baxa, Richard E. Hagerty, Vivieon
E. Kelley, TROUTMAN SANDERS, L.L.P., Richmond, Virginia, for
Appellant. R. Timothy Bryan, DLA PIPER RUDNICK GRAY CARY US,
L.L.P., Reston, Virginia, for Appellee Nortel Networks,
Incorporated; Cecily A. Dumas, Elaine Hammond, FRIEDMAN, DUMAS &
SPRINGWATER, L.L.P., San Francisco, California, for Appellee Cisco
Systems Capital Corporation; Marc D. Machlin, PEPPER HAMILTON,
L.L.P., Washington, D.C., Barak A. Bassman, PEPPER HAMILTON,
L.L.P., Philadelphia, Pennsylvania, for Appellees Gordon P. Peyton,
Chapter 7 Trustee, and Cisco Systems Capital Corporation.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
360networks (USA) Incorporated (“360networks”) appeals the
order of the district court affirming an order entered by the
United States Bankruptcy Court for the Eastern District of Virginia
on January 21, 2004, and amended on March 4, 2004. Together, those
orders granted the Chapter 7 Trustee’s Motion to Sell Assets Free
and Clear of Liens (“Sale Motion”) under Section 363 of the
Bankruptcy Code. The district court order also affirmed the
bankruptcy court’s denial of 360networks’ motion in limine which
sought to limit the grounds on which the Trustee could challenge
amounts due 360networks.
We review the judgment of the district court sitting in review
of the bankruptcy court de novo. We, therefore, apply the same
standard of review as that applied to the bankruptcy court's orders
by the district court. In re Merry-Go-Round Enters.,
400 F.3d 219,
224 (4th Cir. 2005). The findings of fact of the bankruptcy court
and supplemental findings by the district court* are reviewed for
clear error, and their conclusions of law are reviewed de novo.
Id. With these standards in mind, we affirm the decision below on
the reasoning of the district court. 360networks (USA) Inc. v.
Peyton, et al., No. 1:04-cv-567-LMB-TCB (January 19, 2005).
AFFIRMED
*
The district court made findings of fact relating to
360networks’ motion in limine.
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