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IN RE WESTERN INTEGRATED NETWORKS, LLC

Bankruptcy Case No. 02-13043 EEB. Adversary Proc. No. 04-1330 MER.

322 B.R. 156 (2005)

In re WESTERN INTEGRATED NETWORKS, LLC, et al., Debtors. Tom H. Connolly, as liquidation trustee of the Consolidated WIN Liquidating Trust, Plaintiff, v. The City of Houston, Texas, Defendant. City of Houston, Texas, Counter-Plaintiff, v. Tom H. Connolly, as liquidation trustee of the Consolidated WIN Liquidating Trust, Counter-Defendant.

United States Bankruptcy Court, D. Colorado.

March 24, 2005.

Attorney(s) appearing for the Case

J. Brian Fletcher, Denver, CO, for Plaintiff/Counter-Defendant.

Amber Donner, Denver, CO, Bruce H. White, Greenberg Traurig, LLP, William L. Medford, Dallas, TX, for Defendant/Counter-Claimant.

ORDER

MICHAEL E. ROMERO, Bankruptcy Judge.

THIS MATTER comes before the Court on cross-motions to dismiss filed by the Defendant/Counter-Plaintiff, City of Houston, Texas ("Houston") and the Liquidating Trustee of the Consolidated WIN Liquidating Trust, Tom H. Connolly (the "Liquidating Trustee"). The motions were filed under Fed.R.Civ.P. 12(b)(6), made applicable to adversary proceedings by Fed. R.Bankr.P...

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