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IN RE CYCH, INC.

Bankruptcy Nos. 01-622 (MFW) to 01-624 (MFW). Adversary No. 01-8856 (MFW).

292 B.R. 32 (2003)

In re CYCH, INC., f/k/a CyberCash, Inc., Debtor. CYCH, Inc., f/k/a CyberCash, Inc., Plaintiff, v. EVS Holding Company, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

April 4, 2003.

Attorney(s) appearing for the Case

Robert J. Dehney, Jason W. Harbour, Morris Nichols, Arsht & Tunnell, LLP, Wilmington, DE, Counsel for the Plaintiff.

Linda Richenderfer, Chad J. Toms, Saul Ewing, LLP, Wilmington, DE, Lyanne B. Wescott, Saul Ewing, LLP, Philadelphia, PA, Counsel for the Defendant.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion filed by defendant EVS Holding Company ("EVS") for Summary Judgment in the breach of contract action commenced by CYCH, Inc. ("CYCH"). For the reasons set forth below, the Motion will be denied.

I. FACTUAL BACKGROUND

CYCH, f/k/a CyberCash, Inc., filed a voluntary...

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