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IN RE VISION METALS, INC.

Bankruptcy No. 00-4205 (MFW), Adversary No. 02-6528.

325 B.R. 138 (2005)

In re VISION METALS, INC., et al., Debtors. Vision Metals, Inc., Plaintiff, v. SMS Demag, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

May 26, 2005.

Attorney(s) appearing for the Case

Kimberly Lawson, Esq., Richard Allen Keuler, Jr., Esq., Reed Smith LLP, Wilmington, DE, J. Frank McKenna, Esq., Albert Bates, Jr. IV, Esq., Pittsburgh, PA, for SMS Demag, Inc.

Neil B. Glassman, Esq., Steven M. Yoder, Esq., Ashley B. Stitzer, Esq., The Bayard Firm, Wilmington, DE, Kenneth Oestreicher, Esq., Howard R. Feldman, Esq., Kristin P. Herber, Esq., Whiteford, Taylor, & Preston, Baltimore, MD, for Vision Metals, Inc.

MEMORANDUM OPINION1

MARY F. WALRATH, Chief Judge.

This matter is before the Court on the Motion for Judgment on the Pleadings filed by SMS Demag, Inc. ("Demag") asserting that Vision Metals, Inc. ("Vision") has failed to state a claim on which relief can be granted in Counts I-IV of its Complaint.2 For the reasons stated herein, the Court will...

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