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IN RE PASTEURIZED EGGS CORP.

Bankruptcy No. 02-13086-JMD, Adversary No. 02-1148-JMD.

296 B.R. 283 (2003)

In re PASTEURIZED EGGS CORPORATION, Debtor. Pasteurized Eggs Corporation, Plaintiff, v. Bon Dente Joint Venture, a Washington Joint Venture, Defendant.

United States Bankruptcy Court, D. New Hampshire.

May 30, 2003.

Attorney(s) appearing for the Case

Charles A. Dale, Gadsby Hannah LLP, Boston, Massachusetts, Steven M. Notinger, Donchess & Notinger, Nashua, New Hampshire, for Debtor.

D. William Toone, Dorsey & Whitney LLP, Seattle, Washington, John M. Sullivan, Daniel P. Luker, Preti, Flaherty, Beliveau, Pachios & Haley, PLLC, Concord, New Hampshire, for Defendant.

Todd A. Feinsmith, Brown Rudnick Berlack Israels LLP, Boston, Massachusetts, for Unsecured Creditors Committee.

Henry DeWerth-Jaffe, Pepper Hamilton LLP, Wilmington, Delaware, Gregory A. Moffett, McCaffrey & Moffett, PLLC, Concord, New Hampshire, for Footbridge Capital, LLC.

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

The Debtor filed a complaint (Doc. No. 1) against Bon Dente Joint Venture ("BDJV") seeking six declaratory judgments listed in three counts. Counts I and II seek a determination (i) that the patents and trademarks comprising ThermalPureTM Technology (the "Technology"), as defined in the Patent Purchase Agreement dated January 2, 1997 (the "Patent Purchase Agreement...

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