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IN RE PHILIP SERVICES (DELAWARE), INC.

Bankruptcy No. 99-2385 MFW, Civ.A. No. 02-1649 JJF.

303 B.R. 574 (2003)

In re PHILIP SERVICES (DELAWARE), INC., et al., Debtors. Philip Services Corp. and Luntz Corporation, Appellants, v. Andrew Luntz; Gregory Luntz, Individually and in His Capacity as Representative of Certain Shareholders of Pre-Merger Luntz Corporation; John Luntz; and McDonald & Company Securities, Inc., Appellees.

United States District Court, D. Delaware.

September 30, 2003.

Attorney(s) appearing for the Case

Gregg M. Galardi, Gary A. Rubin, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, of counsel: Edward J. Meehan, David E. Carney, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C., for Appellants.

Stuart M. Brown, Buchanan Ingersoll, P.C., Wilmington, DE, of counsel: Craig R. Tractenberg, Buchanan Ingersoll, P.C., Philadelphia, PA, for Appellees.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is an appeal by Appellants, Philip Services Corp. and Luntz Corporation (collectively, "Appellants") from the October 18, 2002 Order (the "Order") of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") granting summary judgment in favor of Appellees, Andrew Luntz, Gregory Luntz, John Luntz and McDonald & Company Securities, Inc. For the reasons...

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