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IN RE PHILIP SERVICES (DELAWARE), INC.

Bankruptcy Nos. 99-2170 (MFW), 99-2385(MFW) to 99-2518(MFW). Adversary No. 99-346(MFW).

284 B.R. 541 (2002)

In re PHILIP SERVICES (DELAWARE), INC., et al., Reorganized Debtors. Philip Services Corporation and Luntz Corporation, Plaintiffs, v. Andrew Luntz, Gregory Luntz, Individually and in his capacity as Representative of Certain Shareholders of Pre-Merger Luntz Corporation, John Luntz and McDonald & Company Securities, Inc., Defendants.

United States Bankruptcy Court, D. Delaware.

October 18, 2002.

Attorney(s) appearing for the Case

Gregg M. Galardi, Gary A. Rubin, Skadden, Arps, Slate, Meagher & Flom, LLP, Wilmington, DE, Edward J. Mehan, David E. Carney, Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, for plaintiffs.

J.R. Julian, J.R. Julian, P.A., Wilmington, DE, Nathaniel Metz, Craig R. Trachtenberg, Stuart M. Brown, Buchanan Ingersoll, P.C., Philadelphia, PA, for Luntz defendants.

Kevin Gross, Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, DE, for McDonald & Company Securities, Inc.

Robert Brady, Joseph A. Malfitano, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, Howard S. Beltzer, Evan C. Hollander, Daniel P. Ginsberg, White & Case LLP, New York City, for The Bank Group.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Defendants' Motion for Summary Judgment and the Plaintiffs' Response thereto. For the reasons set forth below, we grant the Defendants' Motion.

I. FACTUAL BACKGROUND

Philip Environmental Inc. Delaware Acquisition Corporation ("PEDAC") was a Delaware corporation. Pursuant to a merger agreement dated December 30, 1996 ("the...

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