Free Answering Brief in Opposition - District Court of Delaware - Delaware


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Date: April 8, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1 :04-cv-01544-SLB Document 10-2 Filed 04/08/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
In re ) I
) Chapter 11
Onco Investment Company, etal., ) ‘
) Jointly Administered
Debtors. ) Bankruptcy Case No. 04-10558
(DDS)

. ) . . . . .
MW Post Portfolio Fund Ltd., etal., ) District Court ClV1l Action Nos.
) 04-1543 (Lead); 04-1544; 04-1545; · "
Appellants, ) » and 04-1546 (SLR) ‘
)
v. g (
. Norwest Bank Mimiesota, National )
Association (n/k/a Wells Fargo )
Bank, MN, National Association), et al., )
)
Appellees. ) ‘

DECLARATION OF A. BRENT TRUITT IN SUPPORT OF APPELLANTS’
AN SWERING BRIEF HV RESPONSE TO MOTION TO DISMISS APPEAL
I, A. Brent Truitt, hereby declare: Q
I 1. I am of counsel to the law firm of Hemii gan, Bennett & Dorman LLP
("HBD”), counsel to the Senior Noteholders in the above-captioned proceeding. I submit
this Declaration in support of the Senior Noteholders’ Answering Brief in response to the
Appellees’ Motion to Dismiss this appeal. This Declaration is submitted in lieu of the
Appendix referenced in Local Rule 7.1 .3.(d) in order to authenticate the documents that
are attached as Exhibits. Capitalized temis used but not defined in this Declaration have .
I the meanings given to them in that Answering Brief
I 2. Except as otherwise stated, I know personally the facts set forth herein and
could and would competently testify thereto if called and swom as a witness.

Case I1 :04-cv—01544-SLR Document 10-2 Filed 04/08/2005 Page 2 of 2 V
3. Attached hereto as Exhibit A is a true and correct copy of the Objection
(without exhibits) filed by the Senior Noteholders, on or about July 16, 2004, with
respect to Oglebay’s Disclosure Statement. V
4. Attached hereto as Exhibit B is a true and correct copy of excerpts of the
Disclosure Statement, dated July 30, 2004, approved by the Bankruptcy Court with
respect to Oglebay’s Plan. U
5. Attached hereto as Exhibit C is a true and correct copy of excerpts of the S
transcript from the hearing held before the Bankruptcy Court on July 27, 2004.
6. Attached hereto as Exhibit D is a true and correct copy of the transcript
from the hearing held before the Bankruptcy Court on January 13, 2005.
7. Attached hereto as Exhibit E is a true and correct copy (without exhibits)
of the Limited Objection filed by the Indenture Trustee, on or about September 20, 2004,
with respect to continuation of the Plan.
8. Attached hereto as Exhibit F is a true and correct copy of a letter, dated
February 9, 2005, from counsel to the Indenture Trustee to various recipients, including
BruceBennett of HBD.
I declare under penalty of perjury that the foregoing is true and correct. Executed
this 7th day of April, 2005.
/s/ A. Brent Truitt
A. Brent Truitt
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