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IN RE LAROCHE INDUSTRIES, INC.

Bankruptcy No. 00-1859. Adversary No. 03-59023.

312 B.R. 249 (2004)

In re LAROCHE INDUSTRIES, INC., Debtor. LaRoche Industries, Inc., Plaintiff, v. Orica Nitrogen LLC, Defendant.

United States Bankruptcy Court, D. Delaware.

July 15, 2004.

Attorney(s) appearing for the Case

Curtis J. Crowther, Esquire, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE, Edward J. Kosmowski, Esquire, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE, Joel A. Waite, Esquire, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE, for plaintiff.

Jeffrey C. Wisler, Esquire, Connolly, Bove, Lodge & Hutz LLP, Wilmington, DE, Marc Jeffrey Phillips, Esquire, Connolly, Bove, Lodge & Hutz LLP, Wilmington, DE, for defendant.

OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court is the Motion for Abstention filed by Orica Nitrogen LLC ("Orica"). After considering the arguments presented by both parties, we grant the Motion for the reasons set forth below.

I. FACTUAL BACKGROUND

On May 3, 2000, LaRoche Industries, Inc. ("the Debtor") filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On August...

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