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IN RE STONEBRIDGE TECHNOLOGIES, INC.

No. 04-10494.

430 F.3d 260 (2005)

In re STONEBRIDGE TECHNOLOGIES, INC., Debtor. EOP-Colonnade of Dallas Limited Partnership, Appellant, v. Dennis Faulkner, In his capacity as Trustee of the SBTI Liquidating Trust, Appellee.

United States Court of Appeals, Fifth Circuit.

November 8, 2005.

Attorney(s) appearing for the Case

Robert B. Millner (argued), Sonnenschein, Nath & Rosenthal, Chicago, IL, Gary S. Kessler, Howard C. Rubin, Kessler & Collins, Dallas, TX, for Appellant.

Jaime Lynn Myers, David W. Elmquist (argued), Winstead, Sechrest & Minick, Dallas, TX, for Appellee.

Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM:

The trustee (the "Trustee") of the liquidating trust established under the confirmed Chapter 11 plan of Stonebridge Technologies, Inc. ("Stonebridge") brought an adversary action, as lessee (the "Lessee"), against EOP-Colonnade of Dallas Limited Partnership ("EOP" or the "Lessor"), the lessor, in connection with EOP's draw on a letter of credit that was provided as security for Stonebridge's commercial lease obligations with EOP. The Trustee asserted,...

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