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U.S. v. STATE STREET BANK AND TRUST CO.

No. 01-4605.

303 B.R. 35 (2003)

UNITED STATES of America, Plaintiff, v. STATE STREET BANK AND TRUST CO., as Trustee for Junior Subordinated Secured PIK Notes, Defendant, Scott Cable Communications, Inc., Debtor, Intervenor-Defendant, and Media/Communications Partners L.P., Chestnut Street Partners, Inc., Milk Street Partners, Inc. and TA Investors, Intervenor-Defendants.

United States District Court, D. Delaware.

December 12, 2003.

Attorney(s) appearing for the Case

Francis A. Monaco, Jr., Kevin J. Mangan, Walsh, Monzack & Monaco, Wilmington, DE, Ira H. Goldman, Peter W. Benner, Kathleen M. LaManna, Shipman & Goodwin, LLP, Hartford, CT, for State Street Bank and Trust Company, as Indenture Trustee.

Thomas G. Macauley, Virginia Whitehill Guldi, Zuckerman Spaeder LLP, Wilmington, DE, Toni G. Wolfman, Euripides D. Dalmanieras, Foley Hoag LLP, Boston, MA, for Media/Communications Partners L.P., Chestnut Street Partners, Inc., Milk Street Partners, Inc. and TA Investors.

Colm F. Connolly, United States Attorney, Ellen Slights, Assistant U.S. Attorney, Office of the United States Trustee, Wilmington, DE, Alan Shapiro, Trial Attorney, Tax Division, United States Department of Justice, Washington, D.C., for United States of America.

Teresa K.D. Currier, Klett, Rooney, Lieber & Schorling, Wilmington, DE, Daniel H. Golden, David M. Zenksy, Mitchell P. Hurley, Akin, Gump, Strauss, Hauer & Feld LLP, New York City, for Debtor.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion for summary judgment (Doc. # 119) filed by defendant State Street Bank and Trust Company, as Trustee for Junior Subordinated Secured PIK Notes (the "Trustee"). By this adversary proceeding, the United States of America, on behalf of the Internal Revenue Service (the "IRS"), seeks to either recharacterize or subordinate the claim of the holders of the Junior Subordinated...

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