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IN RE COMBUSTION ENGINEERING, INC.

Bankruptcy No. 03-10495(JKF). Adversary No. 03-50995.

292 B.R. 515 (2003)

In re COMBUSTION ENGINEERING, INC., Debtor. Pre-Petition Committee of Select Asbestos Claimants and Victor Trinchese, Plaintiffs, v. Combustion Engineering, Inc., Hasbrouck Haynes, Jr., CPA as Regular Trustee of the CE Settlement Trust dated November 22, 2002, Wilmington Trust Company, a Delaware Banking Corporation, as the Delaware Trustee of the CE Settlement Trust dated November 22, 2002, Joseph F. Rice, Claimant Representative, the CE Settlement Trust dated November 22, 2002, and John and Jane Does Nos. 1-75,000 (being unknown persons and/or entities to whom payment was made from the Trust and those unknown persons and entities for whose benefit such payments were made within ninety (90) days prior to Debtor's bankruptcy petition), Defendants.

United States Bankruptcy Court, D. Delaware.

March 7, 2003.

Attorney(s) appearing for the Case

Curtis A. Hehn, Laura Davis Jones, Michael Paul Migliore, Pachulski, Stang, Ziehl, Young & Jones, Wilmington, DE, for Combustion Engineering, Inc.

Michael R. Lastowski, Richard W. Riley, William K. Harrington, Duane Morris LLP, Wilmington, DE, for Official Committee of Unsecured Creditors.

Elizabeth Wall Magner, New Orleans, LA, Natalie D. Ramsey, Philadelphia, PA, Noel C. Burnham, Montgomery, McCracken, Walker & Rhoads, Wilmington, DE, Dean A. Hanley, Paul, Hanley & Harley, LLP, Berkeley, CA, lead attorneys for plaintiffs.

Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, Daniel K. Hogan, Hogan & Veith, Brett Fallon, Morris, James, Hitchens & Williams, Wilmington, DE, for defendants.

MEMORANDUM OPINION AND ORDER

JUDITH K. FITZGERALD, Bankruptcy Judge.

This Memorandum Opinion constitutes the court's findings of fact and conclusions of law pursuant to Federal Rules of Bankruptcy Procedure 7052 and 9014.

Before the court is the motion of the plaintiffs, Pre-petition Committee of Select Asbestos Claimants (SAC) and Victor Trinchese, for a Temporary Restraining Order (TRO). Plaintiffs...

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