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OFFICIAL COMM. OF CRED. v. ASEA BROWN BOVERIE

No. 5:03-CV-551.

313 B.R. 219 (2004)

OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF GRAND EAGLE COMPANIES, INC. et al., Plaintiff v. ASEA BROWN BOVERI, INC., et al., Defendants

United States District Court, N.D. Ohio.

March 31, 2004.

Attorney(s) appearing for the Case

Alan M. Koschik, Brouse McDowell, Cleveland, Joseph F. Hutchinson, Jr., Brouse McDowell, Akron, Marc B. Merklin, Brouse McDowell, Jessica E. Price, Brouse McDowell, Cleveland, Kate M. Bradley, Brouse McDowell, Akron, for Official Committee Unsecured Creditors of Grand Eagle Companies, Inc., Plaintiff.

M. Colette Gibbons, Schottenstein, Zox & Dunn, Patrick J. Brooks, Squire Sanders & Dempsey, Cleveland, Mark S. Lichtenstein, Bryan Cave, Thomas J. Schell, Bryan Cave, Benjamin Hoch, Dewey Ballantine, New York, NY, Jeffrey M. Levinson, Margulies & Levinson, Beachwood, for ASEA Brown Boveri, Inc., Keystone Venture IV LP, Inroads Capital Partners, Blue Chip Opportunity Fund LTD Partnership, Blue Chip Capital Fund LP, Grand Eagle Assoc LP, Grand Eagle Assoc II LP, Jerry O. Williams, William R. Givens, Richard B. Black, Credit Agricole Indosuez, Key Corporate Capital Inc. Prudential Insurance Company of America, LaSalle Bank NA Indosuez Capital Funding VI LTD Rob-Wal Investment Co., Defendants.

Mark A Phillips, Benesch, Friedlander, Coplan & Aronoff, Cleveland, for Glenn C. Pollack, trustee.

OPINION & ORDER

GWIN, District Judge.

On February 28, 2002, the Official Committee of Unsecured Creditors (the "Committee"), but not the Trustee, commenced an adversary action against the Defendants. After the Defendants demanded a jury trial and refused to consent to a jury trial before the bankruptcy court, this Court withdrew the reference.

Following the withdrawal, the Defendants appealed the bankruptcy court's decision finding the Committee...

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