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IN RE TOWER AIR, INC.

Bankruptcy No. 00-01280 JBR. Adversary No. A-01-00088 PBL.

319 B.R. 88 (2004)

In re TOWER AIR, INC., a Delaware Corporation, Debtor. Charles A. Stanziale, Jr., as Chapter 7 Trustee for the Bankruptcy Estate of Tower Air, Inc., Plaintiff, v. Pratt & Whitney (a United Technologies Corp.), Defendant.

United States Bankruptcy Court, D. Delaware.

November 9, 2004.

Attorney(s) appearing for the Case

Richard W. Riley, Duane Morris LLP, Wilmington, DE, Diane E. Vuocolo, Kevin P. Ray, Duane Morris LLP, Philadelphia, PA, Donald J. Crecca, Schwartz, Tobia, Stanziale, Sedita & Campisano, P.A., Montclair, NJ, for Charles A. Stanziale, Jr. Chapter 7 Trustee for Tower Air, Inc.

Henry E. Gallagher, Jr., Marc J. Phillips, Connolly Bove Lodge & Hutz LLP, Wilmington, DE, John B. Nolan, James J. Tancredi, David M. Bizar, Day, Berry & Howard LLP, Hartford, CT, for Defendant.

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMARY JUDGMENT1

PAUL B. LINDSEY, Bankruptcy Judge.

I. BACKGROUND

Tower Air, Inc. ("Debtor"), on February 29, 2000, filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code.2 In May 2000, Plaintiff Charles A. Stanziale, Jr. ("Plaintiff), was appointed Trustee of Debtor's bankruptcy estate and in December 2000...

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