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IN RE PHASE I MOLECULAR TOXICOLOGY, INC.

Bankruptcy No. 11-02-15145 MS, Adversary No. 02-1269 M.

287 B.R. 571 (2002)

In re PHASE-I MOLECULAR TOXICOLOGY, INC., Debtor. Spencer Farr, Ph.D and Suzanne Roubidoux for themselves and all creditors of the estate, Plaintiffs, v. Phase-I Molecular Toxicology, Inc., TD Javelin Capital Fund II, L.P., and Tullis-Dickerson Capital Focus II, L.P., Defendants.

United States Bankruptcy Court, D. New Mexico.

December 19, 2002.

Attorney(s) appearing for the Case

James A. Askew, Albuquerque, NM, for Plaintiffs.

Paul M. Fish, Albuquerque, NM, for Tullis-Dickerson.

Robert H. Jacobvitz, Albuquerque, NM, for Phase-I Molecular Toxicology, Inc.

MEMORANDUM OPINION

MARK B. MCFEELEY, Chief Judge.

THIS MATTER came before the Court on the Motion for Summary Judgment ("Motion") filed by Defendants TD Javelin Capital Fund II, L.P. ("TD") and Tullis-Dickerson Capital Focus II, L.P. ("Tullis"), or jointly, ("Tullis-Dickerson"), by and through their attorneys of record, Modrall, Sperling, Roehl, Harris & Sisk, P.A. (Paul M. Fish). Plaintiffs' Complaint...

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