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IN RE MARCHFIRST, INC.

Bankruptcy No. 01 B 24742. Adversary No. 09 A 104.

431 B.R. 436 (2010)

In re MARCHFIRST, INC., et al., Debtors. Andrew J. Maxwell, trustee, Plaintiff, v. Novell, Inc., Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

June 23, 2010.

Attorney(s) appearing for the Case

Kathleen M. McGuire, Jaclyn H. Smith, Vikram R. Barad, Maxwell Law Group, LLC, Chicago, IL, Richard J. Mason, Patricia K. Smoots, Paul J. Catanese, McGuireWoods LLP, Chicago, IL, Attorneys for plaintiff Andrew J. Maxwell, Trustee.

David E. Leta, Michael A. Gehret, Snell & Wilmer, L.L.P., Salt Lake City, UT, Attorneys for defendant Novell, Inc.

Howard L. Adelman, Adam P. Silverman, Adelman & Gettleman, Ltd., Chicago, IL, Attorneys for intervenor JPMorgan Chase Bank, N.A.

MEMORANDUM OPINION

A. BENJAMIN GOLDGAR, Bankruptcy Judge.

This matter is before the court for ruling on the motion of plaintiff Andrew J. Maxwell, chapter 7 trustee, for judgment on the pleadings on Count I of his adversary complaint against defendant Novell, Inc. In that count, Maxwell alleges that Novell's Claim No. 4524 is a claim for damages arising from the purchase or sale of a security of debtor marchFirst, Inc. and therefore must be subordinated...

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