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IN RE STONE & WEBSTER, INC.

Bankruptcy No. 00-2142 PJW. Adversary No. 01-6661 (PJW).

335 B.R. 300 (2005)

In re STONE & WEBSTER, INCORPORATED, et al., Debtors. The Shaw Group, Inc., Plaintiff, v. Next Factors, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

December 16, 2005.

Attorney(s) appearing for the Case

Diane J. Bartels, Brandywine Village, Wilmington, DE, for Next Factors, Inc.

Christopher S. Sontchi, Joseph C. Handlon, Ashby & Geddes, PA, Wilmington, DE, for The Shaw Group, Inc.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This ruling is with respect to the defendant's motion (Adv. Doc. # 65) for summary judgment in the above-captioned adversary proceeding. For the reasons set forth below, I will deny the motion.

BACKGROUND

On September 25, 2001, The Shaw Group, Inc. ("Shaw") filed an Adversary Complaint for Declaratory Judgment seeking a determination as to (i) who is the proper owner of an unsecured claim...

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