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IN RE EBC I, INC.

Bankruptcy No. 01-706. Adversary No. 03-50003 (MFW). Civil Action No. 08-100-JJF.

400 B.R. 13 (2009)

In re EBC I, INC., f/k/a eToys, Inc., et al., Reorganized Debtors. EBC I, Inc., f/k/a eToys, Inc., Appellant, v. America Online, Inc. (now named AOL LLC), Appellee.

United States District Court, D. Delaware.

January 29, 2009.

Attorney(s) appearing for the Case

Richard D. Allen, Esquire; Gregory W. Werkheiser, Esquire and Thomas W. Briggs, Jr., Esquire of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for Appellant.

Craig Goldblatt, Esquire and Lisa Ewart, Esquire of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., Karen C. Bifferato, Esquire and Marc J. Phillips, Esquire of Connolly Bove Lodge & Hutz LLP, Wilmington, DE, for Appellee.

MEMORANDUM OPINION

JOSEPH J. FARNAN, JR., District Judge.

Pending before the Court is an appeal by EBC I, Inc., f/k/a eToys, Inc. ("eToys") from the January 10, 2008 Order and related written decisions of the Bankruptcy Court granting judgment in favor of America Online, Inc. ("America Online"). For the reasons discussed, the Court will affirm the Bankruptcy Court's Order.

I. THE PARTIES' CONTENTIONS

This dispute arises in connection...

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