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IN RE SHC, INC.

Bankruptcy No. 03-12002 (MFW), Adversary No. 04-52607-MFW.

329 B.R. 438 (2005)

In re SHC, INC., et al., Debtors. Sierra Investments, LLC, Plaintiff, v. SHC, Inc. and Top-Flight, Inc., Defendants.

United States Bankruptcy Court, D. Delaware.

August 25, 2005.

Attorney(s) appearing for the Case

Joseph A. Malfitano, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, for debtors.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are the Motions of Sierra Investments, LLC ("Sierra") to dismiss the Counterclaims of SHC, Inc. and Top-Flight, Inc. (collectively the "Debtors"), the Committee of Unsecured Creditors (the "Committee"), and Bank of America, N.A. as agent for the pre-petition secured lenders (the "Lenders"). For the reasons set forth below, the Court will grant in part...

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