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IN RE OAKWOOD HOMES CORP.

Bankruptcy No. 02-13396(PJW). Adversary No. 05-51766 (PJW).

342 B.R. 59 (2006)

In re OAKWOOD HOMES CORPORATION, et al., Debtors. OHC Liquidation Trust, by and through Alvarez & Marsal, LLC, the OHC Liquidation Trustee, Plaintiff, v. Discover Re and United States Fidelity & Guaranty Co., Defendants.

United States Bankruptcy Court, D. Delaware.

May 10, 2006.

Attorney(s) appearing for the Case

Jeffrey C. Wisler, Christina M. Thompson, Connolly, Bove, Lodge & Hutz LLP, Wilmington, DE, Harold S. Horwich, Stephen M. Hryniewicz, Bingham McCutchen LLP, Hartford, CT, for Defendants Discover Re and United States Fidelity & Guaranty Co.

Donna L. Culver, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Robert Stark, Emilio A. Galván, Dana S. Montone, Brown, Rudnick, Berlack, Israels LLP, New York, NY, for OHC Liquidation Trust, by and through Alvarez & Marsal LLC, the OHC Liquidation Trustee.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the defendants Discovery Re1 and United States Fidelity & Guaranty Co.'s motion to dismiss (Adv.Doc. # 13) the plaintiff OHC Liquidating Trust's adversary complaint (Adv.Doc. # 1). For the reasons stated below, the Court will grant the motion as to Counts I, II, V and VI, but will deny the motion as to Counts III, IV and VII.

BACKGROUND...

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