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In Re: 04-17994-rdd A.C.E. Elevator Co., Inc.

Written Opinion Signed on 6/23/2006 Denying (i) Motion, insofar as it seeks relief under 11 U.S.C. Sections 365(b)(1), 503(b)(1)(A), 507(a)(1) and 1113(f), (ii) the motion, insofar as it seeks relief with respect to Delinquent Contributions to the Welfare Plan under 11 U.S.C. Section 1114(e) is granted, subject, however, to further submissions regarding whether such contributions are entirely in respect of benefits for retirees, their spouses and dependents and, if not, whether only the portion of such contributions attributable to such benefits is covered by Section 1114(e), (iii) the motion, insofar as it seeks priority payment of interest, liquidated damages, and attorney's fees and costs, is denied, and (iv) ACE's request for its costs is denied. (related document(s)[131], [129])

Friday, June 23, 2006