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IN RE TWEETER OPCO, LLC

Bankruptcy No. 08-12646 (MFW). Adversary No. 08-51800 (MFW).

453 B.R. 534 (2011)

In re TWEETER OPCO, LLC., et al., Debtors. Andrew D'Amico, Eric Welter and Franklin Hemmings on their own behalf and on behalf of all other persons similarly situated, Plaintiffs, v. Tweeter Opco, LLC, and Schultze Asset Management, LLC, Defendants.

United States Bankruptcy Court, D. Delaware.

July 8, 2011.

Attorney(s) appearing for the Case

James E. Huggett, Margolis Edelstein, Wilmington, DE, for Plaintiffs.

Caroline Hong, Ricardo Palacio, Esq., Ashby & Geddes PA, Wilmington, DE, Peter C. Hughes, Dilworth Paxson LLP, Philadelphia, PA, for Defendants.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Currently before the Court are cross-motions for summary judgment on claims arising under the Worker Adjustment and Retraining Notification Act (the "WARN Act"). The question presented is whether Schultze Asset Management, LLC ("SAM") is liable with the Debtor as a single employer for the alleged WARN Act violations.

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