Free USCA Mandate - District Court of Delaware - Delaware

Case 1:04-cv-01543-SLR

Document 28

Filed 02/15/2007

Page 1 of 2

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

NO. 05-4857

IN RE: ONCO INVESTMENT COMPANY, ET AL. MW POST PORTFOLIO FUND LTD.; DB DISTRESSED OPPORTUNITIES FUND LTD.; POST OPPORTUNITY FUND L.P.; POST TOTAL RETURN FUND L.P.; HFR DS OPPORTUNITY MASTER TRUST; OPPORTUNITY FLTND LLC; MW POST OPPORTUNITY OFFSHORE FUND LTD.; SOUTH DAKOTA INVESTMENT COUNCIL; CONCORDIA MAC29 LTD; JME OFFSHORE OPPORTUNITY FUND LTD; OFFSHORE OPPORTUNITY FUND I1 LTD; RESTORATION CAPITAL MANAGEMENT LLC; RESTORATION HOLDINGS LTD.; LITESPEED MASTER FUND; MW POST PORTFOLIO FUND LTD, ET AL., Appellants

NORTHWEST BANK MINNESOTA, NATIONAL ASSOCIATION as Indenture Trustee for the 10% Senior Subordinate Notes Due February 1,2009 of Oglebay Norton Company also known as Wells Fargo Bank MN National Association; OGLEBAY NORTON COMPANY; DEPOSITORY TRUST COMPANY Appellees

On Appeal From the United States District Court For the District of Delaware (D.C. Civil Action Nos. 04-cv-0 1543,04-cv-0 1544,04-cv-0 1545,04-cv-0 1546) District Judge: Hon. Sue L. Robinson

Argued: November 8,2006

Case 1:04-cv-01543-SLR

Document 28

Filed 02/15/2007

Page 2 of 2

BEFORE: SCIIUCA, Chief Judge, McKEE and STAPLETON, Circuit Judges JUDGMENT This cause came on to be heard on the record from -theUnited States District Court for the District of Delaware and was argued by counsel on November 8, 2006. On consideration whereof, it is now here ORDERED AND ADJUDGED by this Court that the judgment of .the said District Court entered September 29,2005, be and the same is hereby AFFIRMED. Costs taxed against appellants. All of the above in accordance with the opinion of this Court. ATTEST: IS/ Marcia M. Waldron Clerk DATED: January 24,2007

Cost taxed in favor of Party as follows: Appellees Nonvest Bank, Oglebay Norton Co, and Depository Trust Co.: Appellee's Brief.............. 1.89 $61 Total ................................. $611.89

Certified as a true copy and issued in lieu of a formal mandate on 2/15/07

T Chief~ Deputy Clerk, ~ ~ ~ U.S. : Court of Appeals for

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circuit.