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IN RE BROADSTRIPE, LLC

Bankruptcy No. 09-10006 (CSS). Adversary Nos. 09-00114, 09-00104.

435 B.R. 245 (2010)

In re BROADSTRIPE, LLC, et al., Debtors. James Cable, LLC, Plaintiff, v. Millennium Digital Media Systems, L.L.C. (d/b/a Broadstripe), Highland Capital Management, L.P., and Highland Capital, Defendants.

United States Bankruptcy Court, D. Delaware.

September 1, 2010.

Attorney(s) appearing for the Case

Richards, Layton & Finger, P.A., Gregory V. Varallo , C. Malcolm Cochran, IV , Blake Rohrbacher, Wilmington, DE, for Plaintiff James Cable, LLC.

Abrams & Laster LLP, J. Travis Laster , Eric D. Selden , Wilmington, DE, for Defendant Millennium Digital Media Systems, L.L.C.

OPINION1

SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before this Court is the defendant Millennium Digital Media Systems, L.L.C.'s (partial) Motion to Dismiss the Verified Amended Complaint (the "Motion") filed by James Cable, LLC. The Complaint, as defined below, alleges, among other things, (i) anticipatory repudiation of the asset purchase agreement,2 (ii) tortious and...

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