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IN RE MOLTEN METAL TECHNOLOGY, INC.

Bankruptcy Nos. 97-21385-CJK to 97-21389-CJK. Adversary No. 00-1386.

271 B.R. 711 (2002)

In re MOLTEN METAL TECHNOLOGY, INC., MMT of Tennessee, Inc., MMT Federal Holdings, Inc., M4 Environmental Management, Inc., M4 Environmental L.P., Debtors. Stephen S. Gray, as he is Chapter 11 Trustee of Molten Metal Technology, Inc., Plaintiff, v. Executive Risk Indemnity, Inc., National Union Fire Insurance of Pittsburgh, Genesis Insurance Company, Lloyds and Companies Syndicates Nos. 1212, 1007, 484, 376, 2376, 435, 205, 623, 1047, 1173, 1215, 47, and 839, and CNA Reinsurance Company, Ltd., Defendants.

United States Bankruptcy Court, D. Massachusetts.

January 3, 2002.

Attorney(s) appearing for the Case

Thomas G. Hoffman, Michael Tabb, Boston, MA, for trustee.

John V. Snellings, Mary E. Borja, Miami, FL, for Genesis Insurance Company.

James M. Liston, Boston, MA, Nancy K. Tordai, Barrington, IL, for Lloyds and Companies Syndicates Nos. 839, 376 and 2376 (collectively, the Second Excess Insurer).

John R. Callahan, Boston, MA, for National Union Fire Insurance Company of Pittsburgh.

George A. Berman, Boston, MA, Ellen B. Van Vechten, Chicago, IL, for Lloyds and Companies Syndicates Nos. 1212, 1007, 484, 376, 2376, 435, 205, 623, 1047, 1173, 1215 and 47, and CNA Reinsurance Company, Ltd. (collectively, the First Excess Insurer).

PROPOSED CONCLUSIONS OF LAW ON TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE PREPETITION "INSURED VS. INSURED" EXCEPTION

CAROL J. KENNER, Bankruptcy Judge.

The central issue presented by the present motion of the Chapter 11 Trustee for partial summary judgement is whether he is a different entity from the Chapter 11 Debtor for purposes of the "insured-versus-insured" exclusion in certain insurance policies covering claims against...

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