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IN RE SILICON GRAPHICS, INC.

Bankruptcy No. 06-10977(BRL), Adversary No. 06-1560.

363 B.R. 690 (2007)

In re SILICON GRAPHICS, INC. et al., Debtors. Silicon Graphics, Inc., Plaintiffs, v. Merrill Lynch Trust Co. of California, et al., Defendants.

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

February 13, 2007.

Attorney(s) appearing for the Case

Adam P. Strochak, Weil, Gotshal & Manges, LLP, Washington, DC, Gary Holtzer, Shai Waisman, Weil Gotshal & Manges LLP, Lynn P. Harrison, III, Curtis, Mallet-Prevost, Colt & Mosle, LLP, New York, NY, Stephen A. Youngman, Weil, Gotshal & Manges, LLP, Dallas, TX, for Debtors.

MEMORANDUM DECISION GRANTING MOTION TO DISMISS ERISA PREEMPTED CLAIM AND DENYING CROSS-MOTION TO AMEND

BURTON R. LIFLAND, Bankruptcy Judge.

Before the Court is the motion (the "Motion") of Silicon Graphics, Inc. ("SGI") to strike an affirmative defense or alternatively, to dismiss a counterclaim asserted by defendant Robert Bishop ("Bishop"), pursuant to Rule 12 of the Federal Rules of Civil Procedure, made applicable here by Rule 7012(b) of the Federal...

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