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IN RE DVI, INC.

Bankruptcy No. 03-12656 (MFW), Adversary No. 03-57446 (MFW).

326 B.R. 301 (2005)

In re DVI, INC., et al., Debtors. The Official Committee of Unsecured Creditors, Plaintiff, v. DVI Business Credit, Inc.; DVI Receivables Corp. III, LLC; U.S. Bank N.A., f/k/a First Trust National Association, as Trustee XL Capital Assurance, Inc., Nomura Credit and Capital, Inc.; Harris Nesbitt Corp. and John Does Nos. 1 Through 50 Defendants.

United States Bankruptcy Court, D. Delaware.

June 30, 2005.

Attorney(s) appearing for the Case

Francis A. Monaco, Esquire, Monzack & Monaco, P.C., Wilmington, DE, Mark L. Weyman, Esquire, Anderson, Kill & Olick, P.C., New York, NY, for the Committee.

Richard S. Cobb, Esquire, Landis, Rath & Cobb, LLP, Wilmington, DE, for the Noteholders.

Guy S. Neal, Esquire, Sidley, Austin, Brown & Wood LLP, Washington, D.C., for Nomura Credit & Capital, Inc.

Richard Levine, Esquire, Weil, Gotshal & Manges LLP, New York, NY, for XL Capital Assurance Inc.

Robert Ward, Esquire, Mayer, Brown, Rowe & Maw LLP, New York, NY, for Harris Nesbitt Corp.

James E. Spiotto, Esquire, Chapman and Cutler LLP, Chicago, IL, for U.S. Bank, N.A.

MEMORANDUM OPINION1

MARY F. WALRATH, Chief Judge.

Before the Court are several Motions to Dismiss the Amended Complaint filed by the Official Committee of Unsecured Creditors of DVI, Inc. (the "Committee") against Nomura Credit & Capital, Inc. ("Nomura"), XL Capital Assurance, Inc. ("XL"), and Harris Nesbitt Corp. ("Harris Nesbitt") (collectively the "Noteholders"), U.S. Bank National Association, as Indenture Trustee...

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