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IN RE MEDICAL WIND DOWN HOLDINGS III, INC.

Bankruptcy No. 03-10441(PJW), Adversary No. 05-50389(PJW).

332 B.R. 98 (2005)

In re MEDICAL WIND DOWN HOLDINGS III, INC. (f/k/a Maxxim Medical, Inc.), Debtor. Medical Wind Down Holdings III, Inc. (f/k/a Maxxim Medical, Inc.), Plaintiff, v. InnerDyne, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

October 5, 2005.

Attorney(s) appearing for the Case

Jeffrey C. Wisler, Marc J. Phillips, Connolly, Bove, Lodge & Hutz, LLP, Wilmington, DE, David A. Forkner, Michael P. Moreland, Williams & Connolly LLP, Washington, D.C., Counsel for Defendant InnerDyne, Inc.

Brendan Linehan Shannon, Matthew B. Lunn, Margaret Whiteman, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, Richard Mancino, Michael J. Kelly, Willkie, Farr & Gallagher LLP, New York, NY, Co-Counsel for Plaintiff.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

In this adversary proceeding defendant InnerDyne, Inc.'s ("InnerDyne") motion (Doc. # 6) seeks to dismiss the three counts of plaintiff Medical Wind Down Holdings III, Inc.'s (f/k/a Maxxim Medical, Inc.) ("Maxxim") complaint. For the reasons set forth below, InnerDyne's motion will be denied.

BACKGROUND

On February 11, 2003, Maxxim and its related entities filed voluntary petitions for...

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