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IN RE TERAFORCE TECHNOLOGY CORP.

Bankruptcy No. 05-38756-BJH-11, Adversary No. 06-03206-BJH.

379 B.R. 626 (2007)

In re TERAFORCE TECHNOLOGY CORPORATION, et al., Debtors. Teraforce Technology Corporation, and DNA Computing Solutions, Inc., Plaintiffs, v. Vista Controls, Inc., and Curtiss-Wright Controls, Inc., Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

November 13, 2007.

Attorney(s) appearing for the Case

Davor Rukavina, Munsch, Hardt, Kopf & Harr, Dallas, TX, for Plaintiffs.

Benjamin Sidbury, Douglas R. Wilner, Mark Vasco, Alston and Bird, LLP, Charlotte, NC, Robert P. Franke, Strasburger & Price, L.L.P., Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

BARBARA J. HOUSER, Bankruptcy Judge.

Before the Court is a Motion for Judgment on the Pleadings (the "Motion") brought by defendants Vista Controls, Inc. and Curtiss-Wright Controls, Inc. The Court has jurisdiction to decide the Motion pursuant to 28 U.S.C. §§ 1334 and 157.

To decide the Motion, the Court must answer the following questions under North Carolina law: (i) can a "non-outsider" to a contract, as...

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