IN RE COLUR TILE, INC.

Bankruptcy Nos. 96-76(HSB) through 96-80(HSB). Adversary No. 98-90. Civ. No. 98-358-SLR.

316 B.R. 621 (2004)

In re COLOR TILE, INC. et al., Debtors. Michael R. Buchanan, as Disbursing Agent Under the Plan of Liquidation (formerly the Official Committee of Unsecured Creditors of Color Tile, Inc., et al. On behalf of the Chapter 11 Estates of Color Tile, Inc., and Color Tile Holdings, Inc., et al.), Plaintiff, v. State Street Research Equity Trust, State Street Research Income Trust, State Street Research Growth Trust, State Street Growth & Income Fund and State Street Research Investment Services, Inc., Defendants.

United States District Court, D. Delaware.

October 6, 2004.


Attorney(s) appearing for the Case

Ian Connor Bifferato, Joseph K. Koury, Bifferato, Bifferato & Gentilotti, Wilmington, DE, for Plaintiff. Of Counsel: Brian E. Martin, Kevin Y. Pak, Bell, Boyd & Lloyd LLC, Chicago, IL.

Paul A. Bradley, A. Richard Winchester, James J. Freebery, McCarter & English, LLP, Wilmington, DE, for State Street Research Equity Trust, State Street Research Income Trust, State Street Research Growth Trust, State Street Growth & Income Fund, and State Street Research Investment Services.


OPINION

SUE L. ROBINSON, Chief Judge.

1. INTRODUCTION

On January 15, 1998, plaintiff1 filed its initial complaint against, inter alia, Cede & Co. ("Cede"), asserting that dividends Color Tile paid to Cede and other corporations were fraudulent transfers that should be returned to plaintiff. (D.I. 288 at 2) Several years after its initial complaint, plaintiff discovered that defendants2<...

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