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IN RE NORTHWESTERN CORP.

No. 03-12872 KJC. Civ. A. No. 05-548-JJF.

369 B.R. 775 (2007)

In re NORTHWESTERN CORPORATION, Reorganized Debtor. Magten Asset Management Corp. and Talton R. Embry, Appellants, v. Northwestern Corporation, Appellee.

United States District Court, D. Delaware.

June 19, 2007.

Attorney(s) appearing for the Case

Bonnie Steingart, Esquire; Gary Kaplan, Esquire and John W. Brewer, Esquire of Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, Dale R. Dube, Esquire of Blank Rome LLP, Wilmington, DE, for Appellants.

Jacques Semmelman, Esquire and Steven J. Reisman, Esquire of Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, Victoria W. Counihan, Esquire and Dennis A. Meloro, Esquire of Greenberg Traurig, LLP, Wilmington, DE, for Appellee.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is an appeal by Appellants, Magten Asset Management Corporation ("Magten") and Talton R. Embry from the June 6, 2005 Order of the United States Bankruptcy Court for the District of Delaware denying Appellants' motion for fees and expenses incurred in connection with an adversary proceeding filed by Northwestern Corporation ("Northwestern") against Appellants, which was later voluntarily...

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