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IN RE WASHINGTON MUTUAL, INC.

Bankruptcy No. 08-12229 (MFW). Adversary No. 10-50911 (MFW).

442 B.R. 308 (2011)

In re WASHINGTON MUTUAL, INC., et al., Debtors. Broadbill Investment Corp. et al., Plaintiffs, v. Washington Mutual, Inc., Defendant.

United States Bankruptcy Court, D. Delaware.

January 7, 2011.

Attorney(s) appearing for the Case

Mark E. Felger, Esquire, Cozen O' Connor, Wilmington, DE, Paul N. Silverstein, Esquire, Jeremy B. Reckmeyer, Esquire, Andrews Kurth LLP, New York, NY, Co-Counsel for Broadbill Investment Corp.

Scott J. Leonhardt, Esquire, Frederick B. Rosner, Esquire, The Rosner Law Group LLC, Wilmington, DE, Arthur Steinberg, Esquire, King & Spalding, New York, NY, Co-Counsel for Nantahala Capital Partners LP and Blackwell Capital Partners LLC.

Marc D. Collins, Esquire, Chun Jang, Esquire, Travis A. McRoberts, Richards, Layton & Finger, P.A., Wilmington, DE, Brian S. Rosen, Esquire, Weil, Gotshal & Manges LLP, New York, NY, Co-Counsel for Debtors.

David B. Stratton, Esquire, Evelyn J. Meltzer, Esquire, Pepper Hamilton LLP, Wilmington, DE, Counsel for the Official Committee of Unsecured Creditors.

OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion for Summary Judgment filed by Washington Mutual, Inc. ("WMI") in the above-captioned adversary. For the reasons stated below, the Court will deny the motion for summary judgment, finding that there are genuine issues of material fact in dispute.

I. BACKGROUND

On July 6, 1994, Anchor Savings Bank, FSB ("Anchor") and...

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