addition, based upon the trustee’s duty to seek recovery on behalf of the corporation from former directors and officers, the Court concluded that the power to waive the attorney-client privilege with respect to pre-bankruptcy communications properly rested with the trustee as the management successor to the pre-bankruptcy directors and officers. Id. at 353, 105 S.Ct. at 353. Petitioners correctly point out that Wein-traub was decided on the basis of the powers of a liquidating trustee in bankruptcy, and argue that the dissolution of the corporation here distinguishes that case. Weintraub established a functional test to determine what successors were entitled to waive the privilege; when a successor manages the affairs of a corporation, even if me undson, 682 F.Supp. 981 (D.Minn.1988) (<HOLDING>). In Cherry, Berry and Ellis, where the FDIC
holding weintraub not controlling once a corporation is dissolved holding that  10b applies to fraud on corporation by controlling stockholder and that the fact that creditors of the defrauded corporation may be the ultimate victims does not warrant disregard of the corporate entity holding shareholder of dissolved corporation could after windup period expired foreclose on mortgage once held by corporation holding weintraub rational inapplicable to liquidations because corporation ceases to exist after liquidation order holding that claims of corporation vest in corporation