2007 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-12-2007

In Re:Teleglobe Comm

Precedential or Non-Precedential: Precedential

Docket No. 06-2915

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Recommended Citation

"In Re:Teleglobe Comm " (2007). 2007 Decisions. Paper 291.

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PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 06-2915

 

IN RE: TELEGLOBE COMMUNICATIONS CORPORATION, et al,

Debtor

TELEGLOBE USA INC.; OPTEL COMMUNICATIONS INC.;

TELEGLOBE HOLDINGS (U.S.) CORPORATION;

TELEGLOBE MARINE (U.S.) INC.; TELEGLOBE HOLDING CORP.;

TELEGLOBE TELECOM CORPORATION; TELEGLOBE INVESTMENT CORP.;

TELEGLOBE SUBMARINE, Teleglobe Submarine Inc.;

OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF TELEGLOBE

COMMUNICATIONS CORPORATION; TELEGLOBE COMMUNICATIONS

CORPORATION; TELEGLOBE LUXEMBOURG, LLC;

TELEGLOBE PUERTO RICO INC.

v.

BCE INC.; MICHAEL T. BOYCHUK; MARC A. BOUCHARD;

SERGE FORTIN; TERENCE J. JARMAN; STEWART VERGE;

JEAN C. MONTY; RICHARD J. CURRIE; THOMAS KIERANS;

STEPHEN P. SKINNER; H. ARNOLD STEINBERG,

Appellants

VARTEC TELECOM, INC.,

Defendants/Intervenor in District Court

 

Appeal from the United States District Court

for the District of Delaware

(D.C. Civil Action No. 04-cv-01266)

Chief District Judge: Honorable Sue L. Robinson

 

Argued January 8, 2007
2

Before: McKEE, AMBRO and FISHER, Circuit Judges

(Opinion filed July 17, 2007)

Pauline K. Morgan, Esquire

John T. Dorsey, Esquire

Margaret B. Whiteman, Esquire

Young, Conaway, Stargatt & Taylor

1000 West Street, P.O. Box 391

17th Floor, Brandywine Building

Wilmington, DE 19899-0391

Stuart J. Baskin, Esquire

Jaculin Aaron, Esquire

Shearman & Sterling

599 Lexington Avenue

New York, NY 10022

Stephen J. Marzen, Esquire (Argued)

Shearman & Sterling

801 Pennsylvania Avenue, N.W., Suite 900

Washington, D.C. 20004

Counsel for Appellants

Gregory V. Varallo, Esquire

C. Malcom Cochran, IV, Esquire (Argued)

Chad M. Shandler, Esquire

Richards, Layton & Finger

One Rodney Square

P.O. Box 551

Wilmington, DE 19899

Philip A. Lacovara, Esquire

Andrew Tauber, Esquire

Mayer, Brown, Rowe & Maw

1909 K Street, N.W.

Washington, D.C. 20006

Counsel for Appellees
3

Mark I. Levy, Esquire

Kilpatrick Stockton

607 14th Street, N.W., Suite 900

Washington, D.C. 20005

Susan Hackett, Esquire

 Senior Vice President and General Counsel

Association of Corporate Counsel

1025 Connecticut Avenue, N.W., Suite 200

Washington, D.C. 20036

David C. Frederick, Esquire

Robert A. Klinck, Esquire

Kellogg, Huber, Hansen, Todd, Evans & Figel

1615 M Street, N.W., Suite 400

Washington, D.C. 20036

Counsel for Amici-Appellants

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

It is now ordered that the published Opinion in the above case filed July 17,

2007, be amended as follows:

On page 7, in footnote 1, insert “The” before “Righteous Brothers”; add

apostrophes to the words “Lovin’ ” and “Feelin’ ”; and include the word “Records” in the

parenthetical after “Phillies” so that the footnote reads as follows:

The Righteous Brothers, You’ve Lost That Lovin’ Feelin’, on YOU’VE LOST THAT

LOVIN’ FEELIN’ (Phillies Records 1965).

On page 19, in the fifteenth line, replace the comma between “law” and

“and” with a semicolon, so that the line reads as follows:

as a matter of law; and (3) even the documents that fell outside

On page 21, in the twenty-first line, delete the alteration “[s]” in the quote,

so that the full quote reads as follows:
4

“Delaware courts look to the Restatement (Second) of Conflict of Laws for

guidance in choice of law disputes.”

On page 22, in the thirteenth line, the word “Conflicts” in the source name

should be “Conflict,” so that the full citation reads as follows:

RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 139 (1971).

On page 23, in the ninth line, the word “Conflicts” in the source name

should be “Conflict,” so that the full citation reads as follows:

RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 139 cmts. c & d.

On page 36, in the twelfth line, the period should be a comma, so that the

full line reads as follows:

proper “community of interest,” whether the context be criminal

On page 37, in the fifth line, a section symbol should be inserted, so that the

first citation reads as follows: RICE § 4:35

On page 43, in the twentieth line, insert a comma and periods in the

abbreviation “L.L.P.” so that the citation reads as follows:

Trenwick Am. Litig. Trust v. Ernst & Young, L.L.P., 906 A.2d 168, 192 (Del. Ch.

2006).

On page 45, in the thirteenth line, insert a second closing parenthesis before

the period, so that the twelfth and thirteenth lines read as follows:

(emphasis in original) (internal citations and quotation marks

omitted)).

On page 49, in the third line, a section symbol should be inserted, so that

the second citation reads as follows: RICE § 4:33.

On page 50, in the third line, insert “and” between “Securities” and

“Exchange.”

On page 56, in the first line, “Comm’n” should be changed to

“Commission.”
5

On page 67, in the first line of footnote 33, “Fifth” should be changed to

“Federal,” so that the full line reads as follows:

As the Court of Appeals for the Federal Circuit has noted,

On page 69, in the sixteenth line, “app. A01110” should be changed to

“App. at A01110”

On page 69, in the nineteenth and twentieth lines, delete the closing

parenthesis after “interest.” and insert a second closing parenthesis after “added” so that

the two lines read as follows:

(or its subsidiaries) shared a common legal interest.” (emphases

added)). To the extent that BCE admitted that it was obligated

On page 72, in the seventh line, replace “an” with “a.”

On page 88, in the third line, delete “an.”

On page 91, in the fourth line, the word “Conflicts” in the source name

should be “Conflict,” so that the full citation reads as follows:

RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 306.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: October 12, 2007