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IN RE GII INDUSTRIES, INC.

Bankruptcy Nos. 04-27013-CEC, 04-27015-CEC, 06-42964-CEC, 06-42966-CEC, 06-43325-CEC. Adversary No. 07-1464-CEC.

495 B.R. 209 (2010)

In re GII INDUSTRIES, INC., f/k/a Grace Industries, Inc., et al., Debtor. GII Industries, Inc., f/k/a Grace Industries, Inc., Plaintiff, v. New York State Department of Transportation, Defendant.

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

May 19, 2010.

Attorney(s) appearing for the Case

Thomas Baylis, Esq. , C. Nathan Dee, Esq. , Cullen & Dykman, LLP, Garden City, NY, for Plaintiff.

Steven L. Banks, Esq. , Mark D. Rosenzweig, Esq. , NYS Office of Attorney General, New York, NY, for Defendant.

DECISION

CARLA E. CRAIG, Chief Judge.

This matter comes before the Court on the motions in limine of plaintiff GII Industries, Inc. f/k/a Grace Industries, Inc. ("Grace" or "GII") and defendant New York State Department of Transportation ("NYSDOT"), each seeking to preclude the introduction of certain evidence in connection with an upcoming bench trial on three issues: (i) what is the appropriate cost methodology for the parties to use to calculate...

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