District court order affirming bankruptcy court's grant of summary judgment for defendant is vacated and remanded where: 1) plaintiff's objections to the procedures leading up to the grant of summary judgment are without merit; 2) the court erred in granting summary judgment as plaintiff should have been allowed to complete discovery of defendant; and 3) there were genuine issues of material fact regarding plaintiff's claim of an alleged conspiracy to misappropriate its trade secrets.
Appeal from the United States District Court for the Southern District of New York.
Argued: January 15, 2009
Decided: July 31, 2009
Before KEARSE, HALL, and LIVINGSTON, Circuit Judges.
Opinion by KEARSE, Circuit Judge.
For Appellant: Alexander Geiger, Rochester, NY.
For Appelle: William Gandy, McLean, VA.