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IN RE US OFFICE PRODUCTS CO.

Bankruptcy No. 01-646. Adversary No. 03-50511.

315 B.R. 37 (2004)

In re US OFFICE PRODUCTS COMPANY, et al., Debtors. USOP Liquidating LLC, Plaintiff, v. Service Supply, Ltd., Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

September 28, 2004.

Attorney(s) appearing for the Case

Brendan Linehan Shannon, Edward J. Kosmowski, Maribeth L. Minella, Matthew Barry Lunn, Shawn Matthew Beach, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE, Kevin Michael Profit, Hamilton, Gaskins, Gay & Moon, PLLC, Charlotte, NC, for Debtor.

Richard H. Cross, Jr., Cross & Simon, LLC, Wilmington, DE, Sean T. Greecher, Shawn Matthew Beach, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Plaintiff.

James F. Harker, Herlily, Harker & Kavanaugh, Wilmington, DE, for Defendant.

Don Beskrone, Wilmington, DE, U.S. Trustee.

Jeremy W. Ryan, Tara L. Lattomus, Saul Ewing, LLP, Wilmington, DE, John J. Rapisardi, New York City, Mark Minuti, Wilmington, DE, for Official Committee of Unsecured Creditors.

Bruce E. Jameson, Prickett, Jones & Elliott, Wilmington, DE, for Kathryn F. Campbell.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Chief Judge.

The matter before the court is the motion for summary judgment filed on behalf of USOP Liquidating LLC (hereafter "USOP LLC") against Service Supply Ltd., Inc. (hereafter "Service Supply"). This voluntary chapter 11 was filed on March 5, 2001. USOP LLC is a special purpose entity established under the plan of reorganization which was confirmed on or about December...

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