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IN RE EXDS, INC.

Bankruptcy No. 01-10539(PJW). Adversary No. 03-50426(PJW).

301 B.R. 436 (2003)

In re EXDS, INC. (f/k/a Exodus Communications, Inc.), et al., Debtors. EXDS, Inc. (f/k/a Exodus Communications, Inc.), Plaintiff, v. RK Electric, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

October 31, 2003.

Attorney(s) appearing for the Case

Mark Minuti, Jeremy W. Ryan, Saul Ewing LLP, Wilmington, DE, Jeffrey A. Koppy, Brian H. Meldrum, Peter A. Siddiqui, Jenner & Block, LLC, Chicago, IL, for EXDS, Inc. and the EXDS Plan Administrator.

James E. Huggett, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Wilmington, DE, Morton R. Branzburg, Carolyn Hochstadter Dicker, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Philadelphia, PA, Catherine G. Boscoff, Aherne Leonidou & Rosin, San Francisco, CA, for RK Electric, Inc.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This is the court's opinion in the above-captioned adversary proceeding on the plaintiff EXDS, Inc.'s ("EXDS") motion (Doc. # 16) to strike the defendant RK Electric, Inc.'s ("RK") jury demand. This opinion also deals with the motion (Doc. # 2563) filed by RK in EXDS's Chapter 11 case seeking leave to withdraw a proof of claim. For the reasons discussed below, I will grant EXDS's motion to strike RK's...

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