Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1 :98-cv-00358-SLR Document 309 Filed 10/16/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE COLOR TILE, INC., at al., )
) .
Debtors. )
____ I
- MICHAEL R. BUCHANAN, as )
Disbursing Agent Under a Plan of ) Chapter ll
Liquidation (formerly the OFFICIAL )
COMMITTEE OF UNSECURED ) Case Nos. 96-76
CREDITORS OF COLOR TILE, INC., ) through 96-80 inclusive
et al., on Behalf of the Chapter ll estates ) (Iointly Administered)
of Color Tile, Inc., and Color Tile ) _
Holdings, Inc., et al.), ) Adversary Proceeding No. A-98--90
)
Plaintiff, )
)
v. ) Civil Action No. 98-358-SLR
I
STATE STREET RESEARCH EQUITY ) Honorable Sue L. Robinson
TRUST, STATE STREET RESEARCH )
INCOME TRUST, STATE STREET )
RESEARCH GROWTH TRUST, STATE )
STREET GROWTH & INCOME FUND )
and STATE STREET RESEARCH )
IN VESTMENT SERVICES, INC., )
)
Defendants. )
I STIPULATION AND ORDER OF DISMISSAL
Comes now Plaintiff, Michael R. Buchanan, as Disbursing Agent under a Plan of
I Liquidation (formerly the Official Committee of Unsecured Creditors of Color Tile, Inc., et al.
2 on behalf of the Chapter ll Estates of Color Tile, Inc., and Color Tile Holdings, Inc., at al.) _
_ (hereinafter °‘the Plaintiff") and files this Stipulation and Order of Dismissal in order to dismiss
l its Second Amended Complaint with respect to Defendants State Street Research Equity Trust,
State Street Research Income Trust, State Street Research Growth Trust, State Street Growth &
Income Fund And State Street Research Investment Services, Inc. (hereinafter referred to
collectively as "SSR Defendants"). The Plaintiff’ s claims against said SSR Defendants have

Case 1:98-cv-00358-SLR Document 309 Filed 10/16/2007 Page 2 of 2
been fully compromised and settled. The dismissal of the Plaintiff s Second Amended
Complaint with respect to SSR Defendants shall be with prejudice, with each party responsible
for its own fees and expenses. r
Agreed to and Accepted:
Dated: October M 2007
Plaintiff MICHAEL R. BUCHANAN, as
Disbursing Agent Under a Plan of Liquidation
(formerly THE OFFICIAL COMMITTEE OF
UNSECURED CREDITORS OF COLOR TILE,
INC., et al., on Behalf of the Chapter 11 Estates of n
Color Tile, Inc., and Color Tile Holdings, Inc., et
Z al.)
By: 2- % éggdgg (*//57) and Brian E. Martin
Ian Connor Bifferato ( 273) BELL, BOYD & LLOYD LLP
BIFFERATO GENTILOTTI LLC 70 W. Madison Street, Suite 3100
800 N. King Street Chicago, Illinois 60602-4207
Plaza Level Phone: (312) 372-1121
i Wilmington, Delaware 19801
Phone: (302) 4294900
Defendants, STATE STREET RESEARCH
· EQUITY TRUST, STATE STREET RESEARCH
, INCOME TRUST, STATE STREET RESEARCH
` GROWTH TRUST, STATE STREET GROWTH &
INCOME FUND and STATE STREET
RESEARCH INVESTMENT SERVICES, INC.
.. Paul A. Bradley
Maron Marvel Bradley & Anderson, P.A.
7 1201 North Market Street, Suite 900
Wilmington, Delaware 19899-0288
; 2