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IN RE EXIDE TECHNOLOGIES

Jointly Administered, Case No.02-11125 (KJC), Adv. Pro. No. 10-52766 (KJC).

In re EXIDE TECHNOLOGIES, et al., Chapter 11, Reorganized Debtors. EXIDE TECHNOLOGIES, Plaintiff, v. ENERSYS DELAWARE, INC., f/k/a ENERSYS, INC., Defendant.

United States Bankruptcy Court, D. Delaware.

January 8, 2013.

MEMORANDUM2

(Re: docket no. 5)

KEVIN J. CAREY, Bankruptcy Judge.

On June 1, 2010, the United States Court of Appeals for the Third Circuit issued an opinion determining that an agreement between Exide Technologies ("Exide") and Enersys Delaware, Inc. ("Enersys") governing the use of certain trademarks licensed to Enersys was not an executory contract and could not be rejected. In re Exide Tech., ...

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