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IN RE DEL BIAGGIO

No. 13-17500.

834 F.3d 1003 (2016)

IN RE William James DEL BIAGGIO, III, Debtor, Liquidating Trust Committee of the Del Biaggio Liquidating Trust, Plaintiff-Appellee, v. David Freeman, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2016.

Attorney(s) appearing for the Case

Merle C. Meyers and Michele Thompson, Meyers Law Group, P.C., San Francisco, California, for Defendant-Appellant.

Michael M. Lauter, Michael H. Ahrens and Steven B. Sacks, Sheppard, Mullin, Richter & Hampton LLP, San Francisco, California, for Plaintiff-Appellee.

Before: Alex Kozinski, John T. Noonan, and Diarmuid F. O'Scannlain, Circuit Judges.

OPINION

A provision of the Bankruptcy Code requires that damages claims arising from the purchase or sale of the security of a debtor be subordinated to other claims senior to or equal to it. We must decide whether such treatment applies where the debtor is an...

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