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IN RE BABCOCK & WILCOX CO.

Nos. 00-10992 to 00-10995. No. 03-1065.

316 B.R. 62 (2003)

n re The BABCOCK & WILCOX COMPANY, et. al., Debtors. The Babcock & Wilcox Company, v. Southern Indiana Gas and Electric Company.

United States Bankruptcy Court, E.D. Louisiana.

December 31, 2003.

Attorney(s) appearing for the Case

Tristan E. Manthey, Heller, Draper, Hayden, Patrick & Horn, New Orleans, LA, for Babcock & Wilcox Co., Debtor.

Emile Turner, Jr., New Orleans, LA, Christian P. Jones, Indianapolis, IN, for Southern Indiana Gas & Electric Co.

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

This matter came before the court as a hearing on the motion of Babcock & Wilcox Company's ("B & W" or "Debtor") for summary judgment, and the opposition filed by Southern Indiana Gas and Electric Company ("SIGCO"). For the reasons expressed in the following opinion, the court denies the debtor's motion for summary judgment.

I. Background Facts

This matter was initiated, on July...

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