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IN RE HECHINGER INVESTMENT CO. OF DELAWARE, INC.

Bankruptcy No. 99-02261(PJW), Adversary No. 01-2960.

297 B.R. 9 (2003)

In re HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. Hechinger Investment Company of Delaware, Inc., Debtor in Possession, Plaintiff, v. Rocky Mountain News, Defendant.

United States Bankruptcy Court, D. Delaware.

July 21, 2003.

Attorney(s) appearing for the Case

William F. Taylor, Jr., Katherine L. Mayer, McCarter & English, LLP, Wilmington, DE, for Rocky Mountain News.

John T. Carroll, III, Cozen O'Connor, Wilmington, DE, Gregory S. Abrams, Judith Seeds Miller, A.S.K. Financial, Tarzana, CA, Co-Counsel For Hechinger Liquidation Trust, as successor in interest to Hechinger Investment Company of Delaware, Inc. et al., Debtors in Possession.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Before the Court is the motion of defendant Rocky Mountain News ("RMN") to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5) for improper service of process (Doc. # 4) (the "Motion").1 For the reasons set forth below, the Motion will be denied.

BACKGROUND

On June 5, 2001 Hechinger Investment Company of...

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