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IN RE CBI HOLDING CO., INC.

Bankruptcy No. 94-B-438129 (BRL), Adversary No. 01-CIV-0131 (KMW).

318 B.R. 761 (2004)

In re CBI HOLDING COMPANY, INC., et al., Debtors, Ernst & Young and Ernst & Young, LLP, Appellants, v. Bankruptcy Services, Inc., Appellee.

United States Bankruptcy Court, S.D. New York.

October 25, 2004.

Attorney(s) appearing for the Case

Andrew L. Frey, David Michael Hillman, Hector Gonzalez, Mayer Brown Rowe & Maw LLP, Harry Simeon Davis, Schulte Roth & Zabel LLP, New York City, for Appellants.

Arthur Steinberg, Jay G. Strum, Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, L.L.P., New York City, for Appellee.

ORDER

KIMBA M. WOOD, District Judge.

On June 26, 2004, this Court issued an Opinion & Order (the "June Order") resolving some, but not all, of the issues on appeal. The Court concluded, inter alia, that Ernst & Young and Ernst & Young, LLP (collectively, "Ernst & Young") were entitled to a jury trial with respect to the claims brought by Bankruptcy Services, Inc. ("BSI") on behalf of Trust Company of the West ("TCW") in its role as...

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