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IN RE TELEPHONE WAREHOUSE, INC.

No. 00-2105-00-2110-MFW. Civ.A. No. 02-1251-JJF.

305 B.R. 622 (2004)

In re TELEPHONE WAREHOUSE, INC., et al., Debtors. Nextel Retail Stores, Inc., Appellant, v. The LTCW Trust, successor to the Debtors, Appellee.

United States District Court, D. Delaware.

February 2, 2004.

Attorney(s) appearing for the Case

James L. Patton, Jr., Curtis J. Crowther, Matthew B. Lunn, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, of counsel: Fordham E. Huffman, Mary E. Tait, Jones, Day, Reavis & Pogue, Columbus, OH, for Appellant.

Jeffrey M. Schlerf, Christopher P. Simon, The Bayard Firm, Wilmington, DE, of counsel: Glenn M. Kurtz, John K. Cunningham, James M. Ingoglia, White & Case LLP, New York City, and White & Case LLP, Miami, FL, for Appellee.

OPINION

FARNAN, District Judge.

Pending before the Court is an appeal by Appellant Nextel Retail Stores, Inc. ("Nextel") from the Order of the United States Bankruptcy Court for the District of Delaware dated June 26, 2002, granting summary judgment in favor of Appellee, The LTCW Trust, the successor to the Debtors1, in the adversary proceeding brought by Nextel against The LTCW Trust (the "Trust"). For the reasons discussed...

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