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IN RE LEHMAN BROS. INC.

Nos. 13 Civ. 5381 (DLC), 13 Civ. 5964 (DLC).

506 B.R. 346 (2014)

In re LEHMAN BROTHERS INC., Debtor. Carval Investors UK Limited, as manager of CVF Lux Master S.a.r.l., the assignee of Doral Bank and Doral Financial Corporation, and Hudson City Savings Bank, Appellants, v. James W. Giddens, as Trustee for the SIPA Liquidation of Lehman Brothers Inc., Appellee. Federal Deposit Insurance Corporation, as receiver of Westernbank Puerto Rico, Appellant, v. James W. Giddens, as Trustee for the SIPA Liquidation of Lehman Brothers Inc., Appellee.

United States District Court, S.D. New York.

Signed February 26, 2014.

Attorney(s) appearing for the Case

Luc A. Despins , and Bryan R. Kaplan , Paul Hastings LLP, New York, NY, for appellants CarVal Investors UK Limited, as manager of the assignee of Doral Bank and Doral Financial Corporation.

Hugh McDonald , Dentons U.S. LLP, New York, NY, Gene R. Besen , Dentons U.S. LLP, Dallas, TX, for appellant Hudson City Savings Bank.

Peter Feldman , John Bougiamas , Otterbourgh, Steindler, Houston, & Rosen, P.C., New York, NY, for appellant FDIC, as Receiver for Westernbank Puerto Rico.

Michael E. Salzman , James B. Kobak, Jr. , Beatrice Hamza Bassey , Savvas A. Foukas , Seth Schulman-Marcus , and Kathleen A. Walker Hughes Hubbard & Reed LLP, New York, NY, for appellee James W. Giddens, Trustee.

Josephine Wang , and Kenneth J. Caputo , Securities Investor Protection Corporation, Washington, DC, for appellee the Securities Investor Protection Corporation.

DENISE COTE, District Judge.

CarVal Investors UK Limited, as manager of CVF Lux Master S.a.r.l., the assignee of Doral Bank and Doral Financial Capital (collectively, "Doral"), the Hudson City Savings Bank ("Hudson"), and the Federal Deposit Insurance Corporation ("FDIC"), as receiver of Westernbank Puerto Rico ("Westernbank"), appeal from a June 25, 2013 Order of the Bankruptcy Court denying them "customer" status under the Securities Investor Protection Act of 1970...

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