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SEMI-TECH LITIGATION LLC v. BANKERS TRUST COMPANY

United States District Court, S.D. New York


April 15, 2005.

SEMI-TECH LITIGATION LLC, Plaintiff,
v.
BANKERS TRUST COMPANY, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant has moved, pursuant to Section 315(e) of the Trust Indenture Act of 1939, 15 U.S.C. ยง 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.

  SO ORDERED.

20050415

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