and 06-2229 IN RE: HECHINGER INVESTMENT COMPANY OF DELAWARE, INC. v. Universal Forest Products, Inc

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
__________
Nos. 06-2166 and 06-2229
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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
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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
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2
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Argued on March 28, 2007
Before: RENDELL and CHAGARES, Circuit Judges.*
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ORDER AMENDING OPINION
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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.

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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

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