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IN RE NU-KOTE HOLDING, INC.

Bankruptcy No. 398-10600. Adversary No. 300-0096A.

257 B.R. 855 (2001)

In re NU-KOTE HOLDING, INC., Nukote Imperial, Ltd., Nu-kote International, Inc., Nu-kote Imaging International, Inc., International Communication Materials, Inc., Future Graphics, Inc., Nu-kote Latin America, Inc., Debtors. Pelikan Holding AG, Plaintiff, v. Nu-Kote Holding, Inc. and Citibank, NA, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

January 5, 2001.

Attorney(s) appearing for the Case

Frank J. Wright, William T. Burke, Jr., Robert T. DeMarco, Hance Scarborough Wright, Dallas, TX, Craig V. Gabbert, Jr., Barbara D. Holmes, Harwell, Howard, Hyne, Gabbert & Manner, P.C., Nashville, for Debtor.

William L. Norton, III, Boult, Cummings, Conners & Berry, PLC, Nashville, Wilson P. Funkhouser, Vance L. Liebman, Levin & Funkhouser, Ltd., Chicago, IL, for Pelikan Holding AG.

Robert H. Waldschmidt, Howell & Fisher, PLLC, Nashville, for Citibank, N.A.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

This is a declaratory action to determine the scope and enforceability of arbitration clauses in contracts between a now reorganized Chapter 11 debtor and a Swiss holding company that sold assets and stock to the Debtor four years before bankruptcy. The arbitration provisions are broadly applicable and enforceable. The following are findings of fact and conclusions of law. FED. R. BANKR. P. 7052.

FACTS...

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