Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01550-JEI

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Filed 04/21/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

) ) ) COMBUSTION ENGINEERING, INC. ) ) Debtor. ) ) ) TIG INSURANCE COMPANY (solely ) as successor by merger to ) International Insurance ) Company), and THE NORTH RIVER ) INSURANCE COMPANY, ) ) Plaintiffs, ) v. ) ) COMBUSTION ENGINEERING, INC., ) and BASIC, INC., ) ) Defendants. ) ) In re:

HONORABLE JOSEPH E. IRENAS CIVIL ACTION NO. 04-1550 (JEI) BANKRUPTCY NO. 03-10495 (JKF) ADVERSARY PROC. NO. 03-53076 ORDER AFFIRMING THE BANKRUPTCY COURT'S GRANT OF SUMMARY JUDGMENT FOR DEFENDANTS

Appearances: MARKS, O'NEILL, O'BRIAN AND COURTNEY, P.C. BY: Brian L. Kasprzak, Esq. 913 North Market Street, Suite 800 Wilmington, Delaware 19801 CROWELL & MORING LLP BY: Jonathan H. Pittman, Esq. 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2595 SIDLEY AUSTIN BROWN & WOOD LLP BY: Carter Phillips, Esq. 1501 K Street Washington, D.C. 20005 Counsel for Plaintiffs.

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KIRKLAND BY: Lisa 200 East Chicago,

& ELLIS LLP G. Esayian, Esq. Randolph Drive Illinois 60601-6636 Counsel for Defendant Basic, Inc.

KIRKPATRICK & LOCKHART LLP BY: Philip H. Hecht, Esq. 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 Counsel for Defendant Combustion Engineering, Inc. PACHULSKI, STANG, ZIEHL, YOUNG, JONES & WIENTRAUB P.C. BY: Michael P. Migloire, Esq. 919 North Market Street, 16th Floor P.O. Box 8705 Wilmington, Delaware 19899-8705 Counsel for Defendants Combustion Engineering, Inc., and Basic, Inc. GILBERT HEINTZ & RANDOLPH LLP BY: Jonathan M. Cohen, Esq. 1100 New York Avenue, N.W., Suite 700 Washington, D.C. 2005 Counsel for Future Claimants.

IRENAS, Senior District Judge:1 This matter having appeared before the Court upon the appeal of Plaintiffs TIG Insurance Company and the North River Insurance Company, the Court having considered the submissions of the parties, and having heard oral argument on February 24, 2005, for

By Order on December 8, 2004, Chief Judge Anthony J. Scirica of the United States Court of the Appeals designated and assigned Judge Irenas to sit on the United States District Court for the District of Delaware in this matter. 2

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Case 1:04-cv-01550-JEI

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the reasons set forth in an Opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing;

IT IS on this ORDERED THAT:

21st

day of April, 2005,

The Bankruptcy Court's Order Granting Summary Judgment for Combustion Engineering, Inc., and Basic, Inc., is AFFIRMED.

s/Joseph E. Irenas JOSEPH E. IRENAS Senior United States District Judge

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