Free USCA Mandate - District Court of Delaware - Delaware

Case 1:04-cv-00146-JJF

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Filed 06/16/2006

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

IN RE: IT GROUP, INC., Debtor

JOHN ACCARDI; DAVID L. BACKUS; ROCHELLE BOOKSPAN; MELISSA L. DUBINSKY; DENNIS G. FENN; JOHN P. FRANZ; WILLIAM A. GAUNTT; THOMAS W. GRIMSHAW; DAVID W. HICKMAN; WARREN C. HOUSEMAN; STEPHEN C. KENNEY; JAMES R. MAHONEY; THOMAS R. MARTI; DAVID W. MAYFIELD; WILLIAM H. MCINTOSH; ROY MCKINNEY; DAVID C. MCMURTRY; DANIEL C. MELCHIOR, 111; GEORGEANN N. MOREKAS; WILLIAM C. PARIS; MATTHEW G. RADEK; KEVIN R. SMITH; LOUIS STOUT; LEONARD YAMAMOTO; JOHN E. FOLEY; JAMES M. REDWINE; STEWART BORNHOFT; ENZO ZORATTO; POLLY QUICK Appellants

IT LITIGATION TRUST; IT GROUP, INC., and their Affiliates, as employers and fiduciaries, administrators and sponsors of the Plan; CARLYLE PARTNERS 11, LP, as fiduciary of the Plan and/or tortfeasor; ANTHONY DELUCA; FRANCIS J. HARVEY; HARRY J. SOOSE, as fiduciaries of the Plan and as officers; IT CORPORATION DEFERRED COMPENSATION PLAN EFFECTIVE JANUARY 1,1996

MARK S. KENNEY, Trustee

Case 1:04-cv-00146-JJF

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Filed 06/16/2006

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On Appeal fiom the United States District Court for the District of Delaware (D.C. Civil No. 04-cv-00 146) District Judge: Honorable Joseph J. Farnan, Jr.

Argued April 3,2006 Before: RENDELL, SMITH, and BECKER*, Circuit Judges

This cause came on to be heard on the record fiom the United States District Court for the District of Delaware and was argued on April 3,2006. On consideration whereof, it is now here ORDERED and ADJUDGED by this Court that the Order of the District Court entered on April 1,2005, be and the same is hereby AFFIRMED. All of the above in accordance with the Opinion of this Court. Costs taxed against Appellants. ATTEST: Is/ Marcia M. Waldron, Clerk Dated: May 25, 2006

* The Honorable Edward R. Becker approved this opinion but died before it was
released.

Case 1:04-cv-00146-JJF

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Filed 06/16/2006

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NO. 05-2191 IN RE: IT GROUP, INC., Debtor Page 3

Certified as a true copy and issued in lieu of a formal mandate on June 16,2006 Teste:

A- (hd&-+

Clerk, U.S. Court of Appeals For the Third Circuit.
A True Copy :

Marcia M . Waldron, Clerk