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IN RE COMMUNICATION DYNAMICS, INC.

Bankruptcy No. 02-12753 (MFW). Adversary No. 05-30276 (MFW).

382 B.R. 219 (2008)

In re COMMUNICATION DYNAMICS, INC. et al., Debtors. CDI Trust, Plaintiff, v. U.S. Electronics, Inc., n/k/a ICX Global, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

February 21, 2008.

Attorney(s) appearing for the Case

Gianclaudio Finizio, Jeffrey M. Schlerf, Eric Michael Sutty, The Bayard Firm, Wilmington, DE, Scotta Edelen McFarland, Pachulski Stang Ziehl Young & Jones PC, Los Angeles, CA, for Debtors.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion for Summary Judgment filed by the CDI Trust (the "Trust") on Counts I through IV of its Complaint seeking to collect $4,435,725 due under two notes from U.S. Electronics, Inc., n/k/a ICX Global, Inc. ("ICX"). ICX opposes the Motion. For the reasons stated below, the Court will deny the Motion.

I. BACKGROUND

On May 8, 2002...

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