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IN RE EPIC CAPITAL CORP.

Bankruptcy No. 01-2458-MFW, Adversary No. 02-03021-MFW, Nos. CIV.A.03-360-JJF, CIV.A.03-361-JJF, CIV.A.03-365-JJF.

307 B.R. 767 (2004)

In re EPIC CAPITAL CORPORATION, et al., Debtors. The Bank of New York, as Successor Indenture Trustee, Plaintiff/Appellant, v. Epic Resorts — Palm Springs Marquis Villas, LLC, and USA Capital Diversified Trust Deed Fund, LLC, Defendants/Appellees/Cross-Appellants.

United States District Court, D. Delaware.

March 23, 2004.

Attorney(s) appearing for the Case

David M. Fournier, Aaron A. Garber, Pepper Hamilton, LLP, Wilmington, DE, Of Counsel: Tom A. Howley, Mark D. Sherrill, Haynes and Boone, LLP, Houston, TX, for The Bank of New York, as Successor Indenture Trustee.

Teresa K.D. Currier, Klett, Rooney, Lieber & Schorling, Wilmington, DE, Of Counsel: Rhonda L. Payne Thomas, Mark R. Owens, Klett, Rooney, Lieber & Schorling, Philadelphia, Pennsylvania. Jeffrey A. Deller, Klett, Rooney, Lieber & Schorling, Pittsburg, PA, for Appellee/Cross-Appellant, USA Capital Diversified Trust Deed Fund, LLC.

OPINION

FARNAN, District Judge.

Pending before the Court is an appeal by The Bank of New York ("BNY"), as Successor Indenture Trustee, and a cross-appeal by USA Capital Diversified Trust Deed Fund, LLC ("USA Capital") from the February 27, 2003 Opinion and Order (the "Order") of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). In re Epic Capital Corporation, 290 B.R. 514 (Bankr...

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