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IN RE E.SPIRE COMMUNICATIONS, INC.

Bankruptcy No. 01-974 JWV. Adversary No. 02-01418.

293 B.R. 639 (2003)

In re E.SPIRE COMMUNICATIONS, INC., et al., Debtors. e.Spire Communications, Inc., et al., Plaintiffs, v. Morris Plumbing & Electric Co., Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

May 9, 2003.

Attorney(s) appearing for the Case

Linda Richenderfer, Saul Ewing LLP, Wilmington, DE, for Debtors and Debtors-in-Possession.

Allen Wendelburg, Stone Mill, Hockessin, DE, William E. Holland, Valdosta, GA, for Morris Plumbing & Electric Co., Inc.

MEMORANDUM OPINION1

JERRY W. VENTERS, Bankruptcy Judge.

Before the Court is the Complaint of e.Spire Communications, Inc., et al. ("Debtors") against Morris Plumbing & Electric Co., Inc. ("Morris"). The matter was set for trial and heard by the Court on Tuesday March 4, 2003.2

I. BACKGROUND

A. Procedural History

The Debtors have undertaken...

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