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IN RE NUCENTRIX BOARDBAND NETWORKS, INC.

Bankruptcy No. 03-39123 HDH-11, Adversary No. 03-03940.

309 B.R. 907 (2004)

In re NUCENTRIX BROADBAND NETWORKS, INC., a/k/a Heartland Wireless Communications, Inc., Debtor. Gulf Underwriters Insurance Company, Plaintiff, v. Nucentrix Broadband Networks, Inc., Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

April 26, 2004.

Attorney(s) appearing for the Case

John E. Mitchell, Josiah M. Daniel, III, Todd C. Crosby, Vinson & Elkins, LLP, Dallas, TX, for Debtor.

David D. Ritter, Karin Marshall Zaner, Michael A. Logan, Kane Russell Coleman & Logan, Dallas, TX, for Plaintiff.

Cameron D. Gray, Stewart H. Thomas, Beckham and Thomas, L.L.P., Josiah M. Daniel, III, Todd C. Crosby, Vinson & Elkins, LLP, Dallas, TX, for Defendant.

MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDMENT BY PLAINTIFF AND DNYING MOTION FOR SUMMARY JUDGMENT BY DEFENDANT

HARLIN D. HALE, Bankruptcy Judge.

Facts and Procedural History

Debtor Nucentrix Broadband Networks, Inc. ("Nucentrix") is a wireless cable company that provides multi-channel television services and Internet services to customers and subscribers. Prior to the bankruptcy filing, Nucentrix entered into an insurance...

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