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IN RE ESSENTIAL THERAPEUTICS, INC.

No. 03-11317 (MFW).

308 B.R. 170 (2004)

In re ESSENTIAL THERAPEUTICS, INC., et al., Debtors.

United States District Court, D. Delaware.

April 21, 2004.

Attorney(s) appearing for the Case

Christopher S. Sontchi, Gregory Alan Taylor, Liza Haley Sherman, William Pierce Bowden, Ashby & Geddes, Wilmington, DE, for Essential Therapuetics, Inc.

Julie L. Compton, Office of U.S. Trustee, Wilmington, DE, U.S. Trustee.

Kathleen M. Miller, Smith, Katzenstein & Furlow, LLP, Wilmington, DE, for Official Committee of Security Holders.

MEMORANDUM OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court is the Motion of certain Preferred Stockholders2 and their professionals (Latham & Watkins LLP and Young Conway Stargatt & Taylor, LLP) for compensation and reimbursement of administrative expenses pursuant to section 503(b)(4) of the Bankruptcy Code. The United States Trustee opposes the Motion. For the reasons...

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