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IN RE HARNISCHFEGER INDUSTRIES, INC.

No. 99-2171 (PJW).

293 B.R. 650 (2003)

In re HARNISCHFEGER INDUSTRIES, INC., et al., Debtors. In re The Beloit Liquidating Trust, Debtors.

United States Bankruptcy Court, D. Delaware.

May 15, 2003.

Attorney(s) appearing for the Case

James W. Staib, Morris, Nichols, Arsht & Tunnel, Wilmington, DE, James H.M. Sprayregen, Andrew R. Running, Angela Toscas Wilt, Kirkland & Ellis, Chicago, IL, Counsel for The Beloit Liquidating Trust.

Donald J. Detweiler, Saul Ewing, L.L.P., Wilmington, DE, Hackl, Timothy W. Walsh, Jonathan A. Damon, LeBoeuf, Lamb, Greene & MacRae, New York City, Counsel for Dr. Erhard as Receiver of Beloit Austria GmbH.

MEMORANDUM OPINION

PETER J. WALSH, Chief Judge.

Pending before the Court are cross-motions for summary judgment. Dr. Erhard Hackl, the Receiver (the "Receiver") of Beloit Austria GmbH ("Beloit Austria") seeks judgment as a matter of law allowing an administrative expense claim totaling $3,445,605.46 (the "Receiver's Claim") (Doc.# 11951).1 The Beloit Liquidating Trust (the "BLT") seeks...

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