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IN RE CENTURA SOFTWARE CORP.

Bankruptcy No. 01-32164-DM. Adversary No. 01-3239.

281 B.R. 660 (2002)

In re CENTURA SOFTWARE CORPORATION, dba Mbrane, aka Mbrane Incorporated, Raima, Centura Solutions, Vista Development Corporation, Debtor. Raima UK Limited, an English corporation, Plaintiff, v. Centura Software Corporation, dba Mbrane, aka Mbrane Incorporated, Raima, Centura Solutions, Vista Development Corporation, Defendant.

United States Bankruptcy Court, N.D. California.

July 24, 2002.

Attorney(s) appearing for the Case

Dillon E. Jackson, Foster, Pepper & Shelfelman, PLLC, Seattle, WA, Douglas G. Boven, Crosby, Heafey, Roach & May P.C., San Francisco, CA, for Raima UK, Ltd.

Michael B. Schwarz, LeBoeuf, Lamb, Green & MacRae, L.L.P., San Francisco, CA, for The Official Committee of Unsecured Creditors.

David S. Caplan, Brooks & Raub, APC, Palo Alto, CA, for Centura Software Corp.

MEMORANDUM DECISION ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

DENNIS MONTALI, Bankruptcy Judge.

I. INTRODUCTION

The court has been asked to decide what appears to be a question of first impression: following a debtor's rejection of a license agreement that grants a counter-party a license to use the debtor's software and trademarks, may the counter-party continue to use the trademarks after electing to retain its rights in the software...

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