United States District Court, S.D. New York
April 15, 2005.
SEMI-TECH LITIGATION LLC, Plaintiff,
BANKERS TRUST COMPANY, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Defendant has moved, pursuant to Section 315(e) of the Trust
Indenture Act of 1939, 15 U.S.C. § 77ooo(e), for assessment of
costs and expenses against plaintiff.
As both parties have appealed the Court's decision on the
merits, consideration of this motion prior to resolution of the
appeals could prove to be a considerable waste of time. In the
circumstances, the motion is denied without prejudice to renewal
not later than 14 days following the entry in this Court of the
mandate of the Court of Appeals resolving the pending appeals.
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