in Re: Kaiser Group International Inc v. Kaiser Group International Inc

Honorable Louis H. Pollak, District Judge for the United States District Court*
for the Eastern District of Pennsylvania, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-1634
__________
IN RE: KAISER GROUP INTERNATIONAL INC.,
Debtor
__________
INTERNATIONAL FINANCE CORPORATION
v.
KAISER GROUP INTERNATIONAL INC.,
Appellant
FRANK J. PERCH, III,
Trustee
___________
On Appeal from the United States District Court
for the District of Delaware
(D.C. No. 03-cv-00038)
District Judge: Honorable Joseph J. Farnan, Jr.
___________
Argued: December 15, 2004
___________
BEFORE: NYGAARD and GARTH, Circuit Judges
and POLLAK , District Judge.*

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ORDER CORRECTING FILED OPINION
The precedential opinion in the above-entitled case was filed on February 25,
2005. A citation appearing under Section IV.B., on page 22, was attributed to the District
Court judge, when it properly should have been attributed to International Finance Corp,
Inc., Appellee-Defendant (IFC).
Therefore, it is ORDERED that the citation in the opinion to which reference is
made above, and which reads: “In reaching its holding, the District Court relied on a
single bankruptcy court case, In re Pullman Const. Indus., Inc., 142 B.R. 280, 282-83
(Bankr. N.D. Ill. 1992), which held a counterclaim must exist at the time of the pleading
for purposes of § 106(b),” is hereby deleted and in its stead the following correct sentence
is substituted: “IFC relied on a single bankruptcy court case, In re Pullman Const.
Indus., Inc., 142 B.R. 280, 282-83 (Bankr. N.D. Ill. 1992), which held a counterclaim
must exist at the time of the pleading for purposes of § 106(b).”
BY THE COURT
/s/ Leonard I. Garth
Circuit Judge
Dated: March 14, 2005

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