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IN RE PURCHASEPRO.COM, INC.

Bankruptcy No. BK-S-02-20472-BAM, Adversary No. 04-1280-BAM.

332 B.R. 417 (2005)

In re PURCHASEPRO.COM, INC., a Nevada Corporation, Debtor. Todd Lehtonen, as Trustee of the PurchasePro.com Liquidating Trust, Plaintiff, v. Time Warner, Inc., a Delaware Corporation, Defendant.

United States Bankruptcy Court, D. Nevada.

June 29, 2005.

Attorney(s) appearing for the Case

Gregory E. Garman, Esq., Brigid M. Higgins, Esq., Gordon & Silver, Ltd., Las Vegas, NV, for debtor.

Peter T. Barbur, Esq., Cravath, Swaine & Moore, LLP, New York, NY, Todd L. Bice, Esq., James D. Greene, Esq., Las Vegas, NV, for defendant.

OPINION DENYING MOTION TO DISMISS

BRUCE A. MARKELL, Bankruptcy Judge.

Time Warner, Inc. ("TW") has moved to dismiss the second amended complaint of Todd Lehtonen, as Trustee of the PurchasePro.com Liquidating Trust ("PPLT"). TW contends that none of PPLT's four claims for relief state a valid claim against it. After an overview of some complicated facts, the court disagrees and denies the motion.

I. Background

PPLT is what is left of the...

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