2007 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-20-2007

In Re Hechinger Inv

Precedential or Non-Precedential: Precedential

Docket No. 06-2166

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Recommended Citation

"In Re Hechinger Inv " (2007). 2007 Decisions. Paper 832.

http://digitalcommons.law.villanova.edu/thirdcircuit_2007/832
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

__________

Nos. 06-2166 and 06-2229

__________

IN RE: HECHINGER INVESTMENT COMPANY

 OF DELAWARE, INC., ET AL.

 Debtors

HECHINGER INVESTMENT COMPANY OF DELAWARE, INC.

 v.

UNIVERSAL FOREST PRODUCTS, INC.,

 Appellant No. 06-2166

_____________

IN RE: HECHINGER INVESTMENT COMPANY

 OF DELAWARE, INC., ET AL.

 Debtors

HECHINGER INVESTMENT COMPANY OF DELAWARE, INC.

 v.

UNIVERSAL FOREST PRODUCTS, INC.

 Hechinger Liquidation Trust, as successor in

 interest to Hechinger Investment Company of

 Delaware Inc., et al., Debtors in Possession,

 Appellant No. 06-2229

__________

On Appeal from the United States District Court

for the District of Delaware

(D.C. Civil No. 05-cv-00497)

District Judge: Honorable Kent A. Jordan

 __________
2

__________

Argued on March 28, 2007

Before: RENDELL and CHAGARES, Circuit Judges.*

__________

ORDER AMENDING OPINION

__________

It is hereby ORDERED that the Opinion of this court filed in the above-referenced

matter on June 7, 2007, is hereby amended to correct typographical errors, as follows: 

Beginning at the top of page 4, the text of the counsel listing shall be DELETED, and the

following replacement text shall be inserted in its place:

Michael S. McElwee [ARGUED]

Varnum, Riddering, Schmidt & Howlett

333 Bridge Street, N.W., Suite 1700

Grand Rapids, MI 49504

Counsel for Appellant/Cross Appellee

Universal Forest Products, Inc.

Joseph L. Steinfeld, Jr. [ARGUED]

Karen M. Scheibe

A.S.K. Financial

2600 Eagan Woods Drive, Suite 220

Eagan, MN 55121

Counsel for Appellee/Cross Appellant

Hechinger Investment Company of Delaware, Inc.;

and Hechinger Liquidation Trust, as successor in interest to 

Hechinger Investment Company of Delaware Inc., et al., 

Debtors in Possession

__________________

 * The Honorable Maryanne Trump Barry participated in the oral argument and panel

conference and joined in the decision on this case, but discovered facts causing her

to recuse from this matter prior to filing of the Opinion. The remaining judges are

unanimous in this decision, and this Opinion and Judgment are therefore being

filed by a quorum of the panel.
3

The portion of the counsel listing that appears on page 3 remains unchanged.

BY THE COURT:

/s/ Marjorie O. Rendell 

_______________________________

 Circuit Judge

Dated: June 20, 2007