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IN RE QUINTUS CORP.

Bankruptcy No. 01-00501(MFW). Adversary No. 05-50066(MFW).

397 B.R. 710 (2008)

In re QUINTUS CORPORATION, et al., Debtors. Kurt F. Gwynne, Chapter 11 Trustee for the Estate of Quintus Corporation, Plaintiff, v. Credit Suisse First Boston (USA), Inc., f/k/a Donaldson, Lufkin & Jenrette Securities Corporation, Defendant.

United States Bankruptcy Court, D. Delaware.

November 7, 2008.

Attorney(s) appearing for the Case

Christopher James Lhulier, Pachulski Stang Ziehl Young Jones & Wein, David W. Carickhoff, Jr., Blank Rome LLP, Kurt F. Gwynne, Reed Smith LLP, Laura Davis Jones, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE, Robert T. Aulgur, Jr., Whittington & Aulgur, Middletown, DE, for Debtors.

Kimberly Ellen Connolly Lawson, Reed Smith LLP, Wilmington, DE, for Debtors/Plaintiff.

OPINION1

MARY F. WALRATH, United States Bankruptcy Judge.

Before the Court are the parties' cross motions for summary judgment. Plaintiff, Kurt F. Gwynne, chapter 11 trustee for the estate of Quintus Corporation (the "Trustee"), moves for summary judgment on Count I of his Complaint for breach of fiduciary duty against Defendant, Credit Suisse First Boston (USA), Inc., f/k/a Donaldson, Lufkin & Jenrette Securities...

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