United States Third Circuit

A claim for breach of a provision in a stock purchase agreement requiring the issuer to use its best efforts to register its stock and ensure that the stock is freely tradeable "arises from" the purchase of the stock for purposes of 11 USC 510(b), and therefore must be subordinated.

Appellate Information

• Argued 10/11/2001
• Decided 02/15/2002
• Published 02/15/2002

Judges

• Before: BECKER, Chief Judge, SCIRICA and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• J. Barry Cocoziello,Robert J. McGuire (Argued), Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, Newark, NJ, Counsel for Appellants Baroda Hill Investments, Ltd., LeHeron Corporation, Ltd., and Kimble John Winter.


• For Appellees:
  
• James A. Stempel, Jason N. Zakia (Argued) Kirkland & Ellis, Chicago, IL, Counsel for Appellee Telegroup, Inc.