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IN RE MIRANT CORP.

Bankruptcy No. 03-46590-DML-ll. Adversary No. 04-4040.

310 B.R. 548 (2004)

In re MIRANT CORPORATION, et al., Debtors. Mirant Americas Energy Marketing, L.P., Plaintiff, v. Kern Oil & Refining Co., Defendant.

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

May 17, 2004.

Attorney(s) appearing for the Case

Craig H. Averch, White & Case, LLP, Los Angeles, CA, Thomas E. Lauria, White & Case, LLP, Miami, FL, Robin Phelan, Judith Elkin, Haynes & Boone, LLP, Dallas, TX, Jeff P. Prostok, Blake Berryman, Forshey & Prostok, LLP, Fort Worth, TX, for Debtors.

Rick L. Shackelford, Jones Day, Los Angeles, CA, H. Joseph Acosta, Jones Day, Dallas, TX, Michelle Morgan Harner, Jones Day, Chicago, IL, for Defendant.

MEMORANDUM OPINION

DENNIS MICHAEL LYNN, Bankruptcy Judg

Before the court is Plaintiffs Motion for Partial Summary Judgment (the "Motion") filed in the captioned adversary proceeding (the "Adversary") by Mirant Americas Energy Marketing, L.P. ("Plaintiff or "MAEM") and the Cross-Motion for Partial Summary Judgment (the "Cross MSJ") made by Kern Oil & Refining Co. ("Defendant" or "Kern").1

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