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IN RE DELTA AIR LINES, INC.

Bankruptcy No. 05 B17923(ASH). Adversary No. 07-3065A.

386 B.R. 518 (2008)

In re DELTA AIR LINES, INC., et al., Reorganized Debtors. Varde Investment Partners, L.P., Bear Stearns Investment Products Inc., Par-Four Master Fund, Ltd., Sunrise Partners Limited Partnership, and Cypress Management Master LP, Plaintiffs, v. Comair, Inc., Comair Holdings, LLC, Comair Services, Inc., Delta Airelite Business Jets, Inc. and Delta Connection Academy, Inc., Defendants.

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

April 30, 2008.

Attorney(s) appearing for the Case

White & Case LLP by Evan C. Hollander, Andrew W. Hammond, Scott Greissman, Douglas P. Baumstein, Stefan Ebaugh, Lydia E. Lin (on the brief), New York, NY, for Plaintiffs.

Debevoise & Plimption LLP by Michael E. Wiles, Karen Y. Paik, Jessica R. Simonoff, Lauren E. Sypek, Richard F. Hahn (on the brief), New York, NY, for Defendants.

Akin, Gump, Strauss, Hauer & Feld, LLP by David H. Botter, Esq, New York, NY, for the Post-Effective Date Committee.

DECISION GRANTING MOTION TO DISMISS

ADLAI S. HARDIN, JR., Bankruptcy Judge.

Before the Court is the reorganized debtors/defendants' motion under Federal Rule of Bankruptcy Procedure 7012 and Federal Rule of Civil Procedure 12(b) to dismiss the Amended Complaint in this adversary proceeding. Plaintiffs allege they hold $125,000,000 in claims against one or more of the Comair debtors.1 The Amended Complaint asserts a single...

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