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IN RE MOBILE TOOL INTERN., INC.

Bankruptcy No. 02-12826(MFW), Adversary No. A-03-53928.

306 B.R. 778 (2004)

In re MOBILE TOOL INTERNATIONAL, INC., et al., Debtors. Official Committee of Unsecured Creditors and Mobile Tool International, Inc., Plaintiffs. v. American Capital Financial Services, Inc.; Brent Whalen; Malon Wilkus; William Callis; Adam Blumenthal; and Terry L. Ogle, Defendants.

United States Bankruptcy Court, D. Delaware.

March 4, 2004.

Attorney(s) appearing for the Case

Steven M. Yoder, Esquire, Christopher A. Ward, Esquire, The Bayard Firm, Wilmington, DE, Steven K. Kortanek, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, DE, for plaintiffs.

Thomas G. Macauley, Esquire, Zuckerman Spaeder LLP, Wilmington, DE, for defendants.

Michael L. Bernstein, Esquire, Justin S. Antonipillai, Esquire, Jaimee Frohlich, Esquire, Arnold & Porter, Washington, DC, for U.S. Trustee.

MEMORANDUM OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court are the Motion and Cross Motion for judgment on the pleadings filed by the parties with respect to Count III of the Complaint which seeks to subordinate the Defendants' claims pursuant to section 510(b) of the Bankruptcy Code as damages arising from the purchase or sale of a security of the Debtors...

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