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IN RE ADVANCED MARKETING SERVICES, INC.

Bankruptcy No. 06-41480 (CSS). Adversary No. 07-50004(CSS).

360 B.R. 421 (2007)

In re: ADVANCED MARKETING SERVICES, INC., a Delaware corporation, et al., Debtors. Simon & Schuster, Inc., Plaintiff, v. Advanced Marketing Services, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

January 22, 2007.

Attorney(s) appearing for the Case

Mark D. Collins, Russell C. Silberglied (Argued), Paul N. Heath, Marcos A. Ramos, Richards, Layton & Finger, P.A., Wilmington, Suzzanne S. Uhland, Austin K. Barron, Alexandra B. Feldman, O'Melveny & Myers LLP, San Francisco, CA, Proposed Counsel for Debtors and Debtors in Possession.

Kurt F. Gwynne (Argued), Kimberly E.C. Lawson, Reed Smith LLP, Wilmington, Paul S. Arrow, Buchalter Nemer, Los Angeles, CA, Counsel for Wells Fargo Foothill, Inc.

Mark Minuti, Jeremy W. Ryan, Saul Ewing LLP, Wilmington, Craig A. Wolfe (Argued), Robert L. LeHane, Kelley Drye & Warren LLP, New York, NY, Counsel for Plaintiff, Simon & Schuster, Inc.

Bruce Buechler (Argued), Lowenstein Sandler P.C., Roseland, NJ, Proposed Counsel for the Official Committee Of Unsecured Creditors.

OPINION1

CHRISTOPHER S. SONTCHI, District Judge.

This is an adversary proceeding brought by Simon & Schuster, Inc. ("S & S") to reclaim goods, pursuant to section 546(c) of the Bankruptcy Code. Before the Court is the Emergency Application of Simon & Schuster for Temporary Restraining Order Pursuant to Bankruptcy Rule 7065 [Docket No. 8] (the "TRO Motion"), which is opposed by the Debtors and the Debtors...

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