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IN RE AMERICAN CLASSIC VOYAGES, CO.

Bankruptcy No. 01-10954, No. CIV.A.02-1357-JJF.

298 B.R. 222 (2003)

In re AMERICAN CLASSIC VOYAGES, CO., et al., Debtors. ATLANTIC MARINE, INC., Appellant, v. AMERICAN CLASSIC VOYAGES, CO., et al., Appellees.

United States District Court, D. Delaware.

August 12, 2003.

Attorney(s) appearing for the Case

Brett D. Fallon, of Morris, James, Hitchens & Williams, LLP, Wilmington, Delaware. Of Counsel: James H. Post and Leanne McKnight, of Smith Hulsey & Busey, Jacksonville, Florida, Counsel for Appellant.

Francis A. Monaco, Jr. and Joseph J. Bodnar, of Walsh Monzack and Monaco, PA, Wilmington, Delaware. Of Counsel: David S. Heller, Josef S. Athanas, Lisa P. Conlon, and Sharone Levy, of Latham & Watkins, Chicago, Illinois, Counsel for Appellees.

MEMORANDUM OPINION

FARNAN, District Judge.

Before the Court is an appeal by Atlantic Marine, Inc. ("Atlantic Marine") from the Order of the United States Bankruptcy Court for the District of Delaware entered on July 9, 2002 (the "Order"), denying Atlantic Marine's motion to modify the automatic stay so as to allow it to pursue its contract claims against the Debtors pursuant to the arbitration and forum selection clauses in that contract. By its appeal...

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