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IN RE IONOSPHERE CLUBS, INC.

Bankruptcy Nos. 89 B 10448(BRL), 89 B 10449(BRL), 91 B 10287(BRL). Adversary Nos. 98-9122A, 98-9124A, 98-9126A, 98-9127A.

262 B.R. 604 (2001)

In re IONOSPHERE CLUBS, INC., Eastern Air Lines, Inc., Bar Harbor Airways, Inc. d/b/a Eastern Express, Debtors. Eastern Air Lines, Inc., Plaintiff, v. Brown & Williamson Tobacco Corp., Defendant. Eastern Air Lines, Inc., Plaintiff, v. Southern Living, Inc., Defendant. Eastern Air Lines, Inc., Plaintiff, v. Indopco, Inc., Deluxe Corporation, Savannah Foods & Industries, Inc., Defendants. Eastern Air Lines, Inc., Plaintiff, v. Deluxe Check Printers, Inc., Cheeseborough-Pond's Finance Corp., Northern States Power Co., and Equifax, Inc., Defendants.

United States Bankruptcy Court, S.D. New York.

May 10, 2001.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts (by Leo T. Crowley, Sheryl L. Reba), New York City, for Defendants.

Smith, Gambrell & Russell, LLP (by E. Kendrick Smith), Atlanta, GA, for Plaintiff.

Arnall Golden & Gregory, LLP (by Darryl S. Laddin, Timothy A. Baxter), Atlanta, GA, for Plaintiff.

MEMORANDUM DECISION REGARDING TAX BENEFIT TRANSFER AGREEMENTS

BURTON R. LIFLAND, Bankruptcy Judge.

Before the court is a motion for summary judgment or in the alternative, for bifurcation of the trial, brought by defendants Savannah Foods & Industries, Inc. ("Savannah"),1 Indopco Inc. ("Indopco"), Cheeseborough Pond's Finance Corporation ("C P"), and Northern States Power Co. ("Northern" and together with CP and Indopco...

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