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IN RE NATIVE AMERICAN SYSTEMS, INC.

No. 02-10387-EEB.

368 B.R. 75 (2006)

In re NATIVE AMERICAN SYSTEMS, INC., Debtor.

United States Bankruptcy Court, D. Colorado.

March 23, 2006.

Attorney(s) appearing for the Case

Jeffrey Weinman, Denver, CO, for Debtor.

M. Stephen Peters, Wheat Ridge, CO, Trustee.

Virginia M. Dalton, Denver, CO, for Trustee.

Joanne C. Speirs, Denver, CO, for U.S. Trustee.

Garry R. Appel, Denver, CO, for Creditor Committee.

ORDER ALLOWING ADMINISTRATIVE EXPENSE CLAIM

ELIZABETH E. BROWN, Bankruptcy Judge.

THIS MATTER comes before the Court on the Motion for Allowance of Administrative Expense Claim, filed by Enterasys Networks, Inc. ("ENI"), and the Objection thereto filed by M. Stephen Peters, the Chapter 7 trustee (the "Trustee"). This matter involves the question of whether the non-debtor party to an unassumed, executory contract, who performed no actual services post-petition...

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