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IN RE HARNISCHFEGER INDUSTRIES, INC.

Bankruptcy No. 99-02171 PJW, Adversary No. 01-04688.

288 B.R. 79 (2003)

In re HARNISCHFEGER INDUSTRIES, INC., et al., Debtors. Beloit Liquidating Trust, Plaintiff, v. Beloit Walmsley Limited, Defendant.

United States Bankruptcy Court, D. Delaware.

January 2, 2003.

Attorney(s) appearing for the Case

Thomas G. Macauley, Zuckerman Spaeder LLP, Wilmington, DE, for joint administrators of Beloit Walmsley Limited.

Robert J. Dehney, Jason W. Staib, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Wendell H. Adair, Jr., Christopher Donoho, Stroock & Stroock & Lavan LLP, New York City, Co-Counsel to the Plan Administrator for the Beloit Liquidating Trust.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This is with respect to Defendant's Motion to Dismiss the Complaint for Insufficiency and Untimeliness of Service of Process (Doc. # 9). Defendant Beloit Walmsley, Ltd. ("Walmsley" or "Defendant") contends that under Fed.R.Civ.P. 12(b)(5), made applicable to bankruptcy cases by Fed. R. Bankr.P. 7012, the court should dismiss the adversary proceeding brought by Beloit Liquidating Trust ("BLT" or "Plaintiff...

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