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IN RE KAISER ALUMINUM CORP.

No. 02-10429-JKF. Civil Action No. 08-233-JJF.

399 B.R. 596 (2009)

In re KAISER ALUMINUM CORPORATION, a Delaware Corporation, et al., Debtors. Moss Landing Commercial Park, LLC, et al., Appellants, v. Kaiser Aluminum Corporation and Kaiser Aluminum & Chemical Corporation, Appellees.

United States District Court, D. Delaware.

January 21, 2009.

Attorney(s) appearing for the Case

Wendy W. Smith, Esquire of Binder & Malter, LLP, Santa Clara, CA, Thomas H. Clarke, Jr., Esquire of Ropers, Majeski, Kohn & Bentley, San Francisco, CA, Mark Minuti, Esquire of Saul Ewing, LLP, Wilmington, DE, for Appellants.

Gregory M. Gordon, Esquire and Daniel P. Winikka, Esquire of Jones Day, Dallas, TX, Daniel J. DeFranceschi, Esquire and Jason M. Madron, Esquire of Richards, Layton & Finger, P.A., for Appellees.

MEMORANDUM OPINION

JOSEPH J. FARNAN, District Judge.

Pending before the Court is an appeal filed by Moss Landing Commercial Park, LLC ("Moss Landing") of the March 27, 2008 Order of the Bankruptcy Court (the "Order") requiring Moss Landing to dismiss without prejudice the action it filed against the Reorganized Debtors, Kaiser Aluminum Corporation and its related entities ("Kaiser"), in the Northern District of California seeking, among other things...

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