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IN RE COLOR TILE, INC.

Nos. 96-76(HSB) to 96-80(HSB). Civ.A. No. 98-358-SLR. Adversary No. A-98-90.

278 B.R. 366 (2002)

In re COLOR TILE, INC., et al., Debtors. Official Committee of the Unsecured Creditors of Color Tile, Inc., et al., Plaintiff, v. Pilgrim High Yield Trust, et al., Defendants.

United States District Court, D. Delaware.

April 30, 2002.

Attorney(s) appearing for the Case

Ian Connor Bifferato, Esquire of Bifferato, Bifferato & Gentilotti, Wilmington, Delaware. Counsel for Plaintiff. Of Counsel: David F. Heroy, Esquire, Brian E. Martin, Esquire, Bruce E. Lithgow, Esquire of Bell, Boyd & Lloyd LLC, Chicago, Illinois.

Robert B. Anderson, Esquire, A. Richard Winchester, Esquire, and James J. Freebery, Esquire of McCarter & English, LLP. Counsel for State Street Research Investment Services, Inc., State Street Research Equity Trust, State Street Research Income Trust, State Street Research Growth Trust, State Street Research Strategic Growth & Income Fund, and Metropolitan Life Insurance Company.

MEMORANDUM OPINION

ROBINSON, Chief Judge.

I. INTRODUCTION

In this civil action, plaintiff, the Official Committee of Unsecured Creditors of Color Tile, Inc., et al., seeks to avoid certain dividend payments made to the beneficial owners of the debtor's preferred stock and to force restoration of the full dividend amounts to the bankruptcy estates.1 Plaintiff is the...

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