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IN RE IT GROUP, INC.

Bankruptcy No. 02-10118 (MFW), Adversary Nos. 02-4756 (MFW), 02-5486 (MFW).

305 B.R. 402 (2004)

In re THE IT GROUP, INC., et al., Debtors. The IT Group, Inc., et al., Plaintiffs, v. Rochelle Bookspan, Defendant. John Accardi, et al., Plaintiffs, v. IT Corporation, et al., Defendants.

United States Bankruptcy Court, D. Delaware.

February 3, 2004.

Attorney(s) appearing for the Case

Gary Adam Rubin, Skadden, Arps, Slate, Meager, Flom, Wilmington, DE, for debtors.

OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court are the Defendants'2 Renewed Motions to Dismiss the Accardi Complaint and the Bookspan counterclaims. The Motions seek a determination that the IT Corporation's Deferred Compensation Plan is an unfunded "top hat" plan. In their response to the Motions, the Accardi Plaintiffs3 and Bookspan request

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