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IN RE MIRANT CORP.

Bankruptcy No. 03-46590, Adversary No. 04-04094-DML.

318 B.R. 377 (2004)

In re MIRANT CORPORATION, et al., Debtors. Sacramento Municipal Utility District, Plaintiff, v. Mirant Americas Energy Marketing, LP, Defendant.

United States Bankruptcy Court, N.D. Texas, Fort Worth Division.

September 1, 2004.

Attorney(s) appearing for the Case

Judith Elkin, Haynes & Boone, Dallas, for Mirant Americas Energy Marketing, LP, Defendant.

Christopher D. Johnson, Diamond, McCarthy, Taylor & Finley, Houston, TX, Wendy K. Laubach, Diamond, McCarthy, Taylor, Finley et al., Houston, TX, Jason M. Rudd, Diamond, McCarthy, Taylor & Finley, Houston, TX, for Plaintiff.

Thomas E. Lauria, White and Case, LLP, Miami, FL, Ian T. Peck, Haynes and Boone, Ft. Worth, TX, Robin Eric Phelan, Haynes and Boone, Dallas, TX, for Defendant.

Memorandum Opinion

DENNIS MICHAEL LYNN, Bankruptcy Judge.

Before the court are cross motions for summary judgment (the "SMUD Motion", the "MAEM Motion", and collectively the "Motions") filed by Mirant Americas Energy Marketing, L.P. ("MAEM") and Sacramento Municipal Utility District ("SMUD") in the above-styled adversary proceeding (the "Adversary"). The parties have briefed the issues to the court, and the court heard argument on July 21, 2004. The...

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