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IN RE CALPINE CORP.

Bankruptcy No. 05-60200 (BRL), Adversary No. 07-1760 (BRL).

377 B.R. 808 (2007)

In re CALPINE CORPORATION, et al., Debtors. Calpine Corporation, Plaintiff, v. Rosetta Resources Inc., Defendant.

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

October 24, 2007.

Attorney(s) appearing for the Case

Kirkland & Ellis LLP, by Richard M. Cieri, Marc Kisselstein, David Seligman, Edward Sassower, James J. Mazza, Jr., Alexandra S. Kelly, New York, NY, by Andrew R. McGaan, Barack S. Echols, Chicago, IL, for Debtors.

Cadwalader Wickersham & Taft LLP, by John H. Bae, New York, NY, for Rosetta Resources Inc,

Mayer Brown Rowe & Maw, LLP, by Charles S. Kelley, William H. Knull, Houston, TX, for Rosetta Resources Inc.

Cleary Gottlieb Steen & Hamilton LLP, by Thomas J. Moloney, New York, NY, for Rosetta Resources Inc.

Morgenstern Jacobs & Blue, LLC, by Peter D. Morgenstern, Gregory A. Blue, New York, NY, Special Conflicts Counsel for the Official Committee of Unsecured Creditors.

Fried, Frank, Harris, Shriver & Jacobson LLP, by Brad Eric Scheler, Gary Kaplan, Michael de Leeuw, Susanna J. Gray, New York, NY, for Official Committee of Equity Security Holders.

MEMORANDUM DECISION AND ORDER DENYING MOTION TO DISMISS COMPLAINT

BURTON R. LIFLAND, Bankruptcy Judge.

Defendant Rosetta Resources Inc. ("Rosetta") moves pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure ("Federal Rules"), made applicable herein pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"), for an order dismissing the complaint filed by Calpine Corporation ("Calpine"), or in the alternative...

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