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IN RE ENRON CORP.

Bankruptcy No. 01-16034(AJG), Adversary Nos. 03-92909 (AJG), 04-02462(AJG).

351 B.R. 305 (2006)

In re ENRON CORP., et al., Debtors. Enron Corp., Plaintiff, v. Carol Whalen, Executrix of the Estate of John C. Baxter, Defendants.

United States Bankruptcy Court, S.D. New York.

September 15, 2006.

Attorney(s) appearing for the Case

Kronish Lieb Weiner & Hellman LLP, Ronald R. Sussman, James A. Beldner, Nicholas Smithberg, Seth Van Aalten, Of Counsel, New York, NY, for Plaintiff.

Dewey Ballantine LLP, Dianne Coffino, Carey D. Schreiber, Of Counsel, New York, NY, Ashby & Geddes, James McC. Geddes, Gregory A. Taylor, Of Counsel, Wilmington, DE, for Defendant.

OPINION REGARDING PARTIES' MOTIONS FOR SUMMARY JUDGMENT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

I. INTRODUCTION

Before the Court are the parties' cross-motions for summary judgment, or in the alternative, partial summary judgment, in the above-referenced adversary proceeding. Both the defendant, Carol Whalen ("Whalen"), executrix for the estate of John C. Baxter ("Baxter" and the "Baxter Estate"), and the plaintiff, Enron Corp. ("Enron"), argue that...

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