IN RE ENRON CORP.

Bankruptcy No. 01-16034 (MG). Adversary No. 04-03099.

367 B.R. 384 (2007)

In re ENRON CORP., et al., Reorganized Debtors. Enron Wind Energy Systems, LLC, Enron Wind Constructors, LLC, and Zond Minnesota Construction Company, LLC, Plaintiffs, v. Marathon Electric Manufacturing Corporation, Defendant.

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

April 24, 2007.


Attorney(s) appearing for the Case

Lebouef, Lamb, Greene & Macrae, L.L.P., Dean Hansell, Elizabeth Page Smith, Eric A. Kauffman, Zejreme Radonic, Anita Jain, of counsel, Los Angeles, CA, for Plaintiffs.

Foley & Lardner LLP, James R. Clark, Andrew J. Wronski, of counsel, Milwaukee, WI, Todd C. Norbitz, Jeremy L. Wallison, of counsel, New York, NY, for Defendant.


OPINION GRANTING IN PART, DENYING IN PART MOTION TO DISMISS CERTAIN CLAIMS IN FIRST AMENDED COMPLAINT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

I. INTRODUCTION

This litigation arises from the purchase by Enron Wind Energy Systems, LLC, Enron Wind Constructors, LLC, and Zond Minnesota Construction Company, LLC (collectively, "Enron Wind" or the "Plaintiffs") of generators from Defendant Marathon Electric Manufacturing Corporation ("Marathon" or the "Defendant...

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