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IN RE WCI CABLE, INC.

Bankruptcy Nos. 301-38242-RLD11 to 301-38247-RLD11. Adversary No. 01-3407-RLD.

274 B.R. 529 (2002)

In re WCI CABLE, INC., World Net Communications, Inc., Alaska Fiber Star, L.L.C., Alaska Northstar Communications, L.L.C., WCI Lightpoint, L.L.C., WCIC Hillsboro, L.L.C., Debtors-in-Possession. WCI Cable, Inc., World Net Communications, Inc., Alaska Fiber Star, L.L.C., Alaska Northstar Communications, L.L.C., WCI Lightpoint, L.L.C., WCIC Hillsboro, L.L.C., Plaintiffs, v. Alaska Railroad Corporation, Alaska Railroad Corporation Board of Directors; Patrick Gamble, in his official capacity as President and CEO of Alaska Railroad Corporation; and Jacob Adams, Edward L. Bauer, Jr., Johne Binkley, Jack Burton, Carl H. Marrs, Joe Perkins, Deborah Sedwick in their official capacity as members of the Board of the Alaska Railroad Corporation, Defendants.

United States Bankruptcy Court, D. Oregon.

February 1, 2002.

Attorney(s) appearing for the Case

Fred M. Granum, Portland, OR, for plaintiffs.

Mary Jo Heston, Seattle, WA, Fredric W. Kessler, Los Angeles, CA, for defendants.

MEMORANDUM OPINION

RANDALL L. DUNN, Bankruptcy Judge.

This matter was heard (the "Hearing") on Tuesday, January 15, 2002, on the Motion of Defendants Alaska Railroad Corporation, its President and CEO and the members of its Board of Directors (collectively referred to as the "Alaska Railroad Corporation") to Dismiss for Lack of Jurisdiction based on Defendants' Sovereign Immunity (the "Motion to Dismiss"). Following the Hearing, I have reviewed my notes...

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