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IN RE IT GROUP, INC., CO.

Bankruptcy No. 02-10118-MFW, CIV.A.03-932-JJF.

307 B.R. 762 (2004)

In re THE IT GROUP, INC., CO., et al., Debtors. Fleet National Bank, Plaintiff/Appellant, v. Whippany Venture I, LLC, a Delaware limited liability company, Defendant/Appellee.

United States District Court, D. Delaware.

March 16, 2004.

Attorney(s) appearing for the Case

Thomas D. Walsh, Esquire of McCarter & English, LLP, Wilmington, DE. Of counsel: Joseph Lubertazzi, Jr., Esquire and Alison G. Greenberg, Esquire of McCarter & English, LLP, Newark, New Jersey, for Appellant, Fleet National Bank.

Gregg M. Galardi, Esquire, Robert S. Saunders, Esquire, Rosemary S. Goodier, Esquire and Marion M. Quirk, Esquire of Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE, for Whippany Venture I, LLC.

MEMORANDUM OPINION

FARNAN, District Judge.

Before the Court is an appeal by Fleet National Bank ("Fleet") from the August 21, 2003 Order of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") denying partial summary judgment in favor of Fleet and granting partial summary judgment in favor of Whippany Venture I, LLC ("Whippany"). For the reasons discussed, the Court will affirm the Bankruptcy Court's Order dated...

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