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IN RE ENRON CORP.

Bankruptcy No. 01-16034 (AJG). Adversary No. 03-93624 (AJG).

357 B.R. 32 (2006)

In re ENRON CORP., et al., Debtors. The Official Committee of Unsecured Creditors of Enron Corp, et al., on Behalf of Enron Corp., Plaintiff, v. Carol Whalen, Executrix of The Estate of John C. Baxter, Defendant.

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

December 13, 2006.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP (Susheel Kirpalani, Esq., Thomas A. Arena, Esq., Joshua K. Porter, Esq., of Counsel), New York, NY, Attorneys for the Plaintiff.

Dewey Ballantine LLP (Dianne Coffin, Esq., Carey D. Schreiber, Esq., of Counsel), New York, NY, Attorneys for the Defendant.

Ashby & Geddes (James McC. Geddes, Esq., Gregory A. Taylor, Esq., of Counsel), Wilmington, DE, Attorneys for the Defendant.

OPINION REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

I. INTRODUCTION

Before the Court is a motion (the "Motion") for summary judgment, or in the alternative, partial summary judgment, in the above-referenced adversary proceeding, filed by the defendant Carol Whalen ("Whalen"), executrix for the estate of John C. Baxter ("Baxter" and the "Baxter Estate"). Having...

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