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IN RE NORTHWESTERN CORP.

Bankruptcy No. 03-12872-CGC. Civil No. 04-111-JJF.

319 B.R. 68 (2005)

In re NORTHWESTERN CORP., Debtors. Richard R. Hylland, Appellant, v. Northwestern Corp., Appellee.

United States District Court, D. Delaware.

January 7, 2005.

Attorney(s) appearing for the Case

John D. Demmy, Esquire, Thomas G. Whalen, Jr. Esquire of Stevens & Lee, P.C., Wilmington, DE, of Counsel: Barbara Jean D'Aquila, Esquire; Cynthia A. Bremer, Esquire, and Patrick R. Martin, Esquire of Flynn, Gaskins & Bennett, L.L.P., Minneapolis, MN, for Appellant.

Scott D. Cousins, Esquire, William E. Chipman, Jr., Esquire, Paul D. Brown, Esquire and C. Michael Terribile, Esquire of Greenberg Traurig, LLP, Wilmington, DE, of Counsel: Jesse H. Austin, III, Esquire and Karol K. Denniston, Esquire of Paul, Hastings, Janofsky & Walker, LLP, Atlanta, GA, for Appellee.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is an appeal by Appellant, Richard R. Hylland, from the January 13, 2004 Order (the "Order") of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") denying Appellant's motion for relief from the automatic stay. In response to the appeal, the Debtor, Northwestern Corporation ("NorthWestern" or "the Debtor") filed a Motion To Dismiss Appeal (D...

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