IN RE MIRANT CORP.

Bankruptcy No. 03-46590. Adversary No. 03-04440-DML.

319 B.R. 489 (2004)

In re MIRANT CORPORATION, et al., Debtors. Mirant Americas Energy Marketing, LP, Plaintiff, v. City of Vernon, Defendant.

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

September 1, 2004.


Attorney(s) appearing for the Case

Michelle C. Campbell, White & Case, Los Angeles, CA, Paul B. Carberry, White and Case LLP, New York City, Judith Elkin, Mark Joseph Elmore, Stacey C. Jernigan, Frances Anne Smith, Amy M. Walters, Haynes & Boone, Dallas, TX, Vincent R. Fitzpatrick, Jr., J. Robert Forshey, Jeff P. Prostok, Forshey & Prostok, LLP, Fort Worth, TX, Thomas E. Lauria, Bryan A. Merryman, Maria K. Pum, White and Case, LLP, Miami, FL, Ian T. Peck, John David Penn, Robin Eric Phelan, Haynes and Boone, Fort Worth, TX, John H. Sturc, Gibson, Dunn and Crutcher, Washington, DC, for Debtors.


Memorandum Opinion

D. MICHAEL LYNN, Bankruptcy Judge.

Before the court is the motion for summary judgment (the "Motion") filed by Mirant Americas Energy Marketing, L.P. ("MAEM") in the above-styled adversary proceeding. MAEM has filed its Plaintiffs Brief in Support of Its Motion for Summary Judgment ("MAEM's Brief). City of Vernon ("Vernon") filed its response to the Motion and brief in support thereof (the "Response") on July 16, 2004. The court...

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