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IN RE ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OR.

Bankruptcy No. 04-37154. Adversary No. 04-3292.

335 B.R. 842 (2005)

In re ROMAN CATHOLIC ARCHBISHOP OF PORTLAND IN OREGON, and Successors, a Corporation Sole, dba the Archdiocese of Portland in Oregon, Debtor. Tort Claimants Committee, Plaintiff, v. Roman Catholic Archbishop of Portland in Oregon, and Successors, a Corporation Sole, dba the Archdiocese of Portland in Oregon, et al., Defendants.

United States Bankruptcy Court, D. Oregon.

December 30, 2005.

Attorney(s) appearing for the Case

Thomas V. Dulcich, Susan Stevens Ford, Margaret Hoffman, Teresa H. Pearson, Thomas C. Sand, Thomas W. Stilley, Portland, OR, L. Martin Nussbaum, Colorado Springs, Co, James L. Phillips, Seattle, WA, for Debtor.

MEMORANDUM OPINION (TORT CLAIMANTS COMMITTEE'S SECOND RESTATED MOTION FOR PARTIAL SUMMARY JUDGMENT)

ELIZABETH PERRIS, Bankruptcy Judge.

The Roman Catholic Archbishop of Portland in Oregon, and Successors, a Corporation Sole, dba the Archdiocese of Portland in Oregon ("debtor" or "the Archdiocese") filed a chapter 111 case in 2004. The Archdiocese has taken the position that, although it holds legal title to approximately $98 million...

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