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IN RE ARDENT, INC.

No. 01-02086.

275 B.R. 122 (2001)

In re ARDENT, INC., et al., Debtors.

United States Bankruptcy Court, District of Columbia.

November 16, 2001.

Attorney(s) appearing for the Case

Michael J. Lichtenstein, Esq., Swidler Berlin Shereff, Friedman, LLP, Washington, DC, for Debtors.

Michael L. Bernstein, Esq., Arnold & Porter, Washington, DC, for Official Committee of Unsecured Creditors.

Robert E. Winter, Esq., O'Melveny & Myers LLP, Washington, DC, for Movants.

DECISION RE EMERGENCY MOTION SEEKING RELIEF REGARDING NON-COMPETITION PROVISIONS IN MERGER AGREEMENT

S. MARTIN TEEL, Bankruptcy Judge.

Kim Kao and Amy Hsiao ("the Movants") seek to compete with CAIS Internet, Inc. ("CAIS"), one of the debtors in this jointly administered case, despite an agreement not to compete with CAIS. They assert that CAIS has breached its obligation, under the same agreement, to issue them shares of CAIS stock, thus relieving...

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