IN RE MUSICLAND HOLDING CORP.

No. 07 Civ. 8423.

386 B.R. 428 (2008)

In re MUSICLAND HOLDING CORP., et al., Debtors. Buena Vista Home Entertainment, Inc., a California corporation; Cargill Financial Services International, Inc., a Delaware corporation; Hain Capital Group, LLC, a Delaware limited liability company; Paramount Pictures Corporation, a Delaware corporation; Twentieth Century Fox Home Entertainment LLC, a Delaware limited liability company; UBS Willow Fund, LLC, a Delaware limited liability company; and Varde Investment Partners, L.P., a Delaware limited partnership, Appellants, v. Wachovia Bank, N.A., a national banking association, in its capacity as Agent; and Harris N.A., a national banking association, Appellees.

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

May 22, 2008.


Attorney(s) appearing for the Case

Pachulski Stang Ziehl & Jones LLP, by: Robert J. Feinstein, Esq., New York, NY, for Appellants.

Otterbourg, Steindler, Houston & Rosen, P.C., by: Richard G. Haddad, Esq., New York, NY, for Appellee.


OPINION

SWEET, District Judge.

The Appellants, trade creditors of Musicland, have appealed from the August 24, 2007 Memorandum Decision and Order Granting Motion to Dismiss Complaint (the "Memorandum Order") of Chief Judge Stuart Bernstein of the Bankruptcy Court for the Southern District of New York ("Bankruptcy Court") dismissing their complaint in the above-captioned adversary proceeding (the "Complaint") pursuant to Rule 12(b)(6) of the Federal...

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