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IN RE QUINTUS CORP.

Bankruptcy Nos. 01 00501 MFW to 01 00503 MFW, Adversary No. 04-53074.

353 B.R. 77 (2006)

In re QUINTUS CORPORATION, et al., Debtors. Quintus Corporation, Mustang.com, Inc., and Acuity Corporation, Plaintiffs, v. Avaya, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

October 27, 2006.

Attorney(s) appearing for the Case

Christopher James Lhulier, Laura Davis Jones, Pachulski Stang Ziehl Young Jones & Wein, David W. Carickhoff, Blank Rome LLP, Kimberly Ellen Connolly Lawson, Kurt F. Gwynne, Heed Smith LLP, Wilmington, DE, Robert T. Aulgur, Jr., Whittington & Aulgur, Odessa, DE, for Debtors.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are cross motions for summary judgment in the above adversary proceeding filed by the chapter 11 Trustee of the Debtors' estate and by Avaya, Inc., the purchaser of substantially all the assets of the Debtors. The Trustee has also filed a Motion for Sanctions seeking judgment in his favor as a result of Avaya's destruction of books and records essential...

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