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IN RE DERIVIUM CAPITAL LLC

No. 12-1518.

716 F.3d 355 (2013)

In re DERIVIUM CAPITAL LLC, Debtor. Grayson Consulting, Incorporated, Plaintiff-Appellant, v. Wachovia Securities, LLC, f/k/a First Union Securities, Incorporated; Wachovia Securities Financial Network LLC; First Clearing LLC, Defendants-Appellees, and Kevin Campbell, Trustee.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2013.

Attorney(s) appearing for the Case

ARGUED: Tucker Harrison Byrd , Morgan & Morgan, PA, Orlando, Florida, for Appellant. Stephen Leonard Ratner , Proskauer Rose, LLP, New York, New York, for Appellees. ON BRIEF: Alisa J. Roberts , Grayson Law Center, PC, Falls Church, Virginia, for Appellant. David A. Picon , Proskauer Rose, LLP, New York, New York, for Appellees.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge KING and Judge DIAZ concurred.

OPINION

WYNN, Circuit Judge:

This is an adversary proceeding arising out of the bankruptcy of Debtor Derivium Capital, LLC ("Derivium"). Plaintiff — Appellant Grayson Consulting, Inc. ("Grayson"), assignee of the Chapter 7 bankruptcy trustee, appeals from a district court judgment affirming the bankruptcy court's decision to grant summary judgment for Defendants-Appellees Wachovia Securities, LLC, Wachovia Securities Financial Network, LLC, and First...

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