FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
NORTHWESTERN CORPORATION ) Bankruptcy case N0. 03-12872 (JLP)
Reorganized Debtor. g
)
MAGTEN ASSET MANAGEMENT )
CORPORATION, )
)
Appellant ) CA 04-1229-rrr
v. )
)
NORTHWESTERN CORPORATION, g
Appellee. g
ORDER GRANTING N ORTHWESTERN CORPORATION’S
MOTION TO DISMISS APPEALS
THE COURT having considered Appellee NorthWestern Corporation’s
("N0rthWestern") motion (the "M0ti0n to Dismiss"), pursuant to Bankruptcy Rule
8011 of the Federal Rules of Bankruptcy Procedure, for an order dismissing the appeals
(the "Appeals") of Magten Asset Management Corporation from: (i) the Order dated
October 19, 2004 of the United States Bankruptcy Court for the District of Delaware
Confirming the Debtor’s Second Amended and Restated Plan of Reorganization Under
Chapter 11 of the Bankruptcy Code dated August 18, 2004 [Magten, Exh. 163]; and (ii)
the Order dated October 14, 2004, approving Memorandum of Understanding [Magten,
Exh. 201]; and the Court having heard the statements of counsel regarding the relief
requested in the Motion to Dismiss at a hearing before the Court;
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IT IS HEREBY ORDERED that:
1. The Motion to Dismiss is granted and the Appeals is dismissed with prejudice.
Dated: , 2004.
Hon. Joseph J. Farnan
United States District Judge
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