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IN RE FRANKLIN INDUS. COMPLEX, INC.

Case No. 01-67459, Case No. 01-67458 Main Case No. 01-67457 Jointly Administered Adv. Pro. No. 02-80005.

541 B.R. 14 (2015)

IN RE: FRANKLIN INDUSTRIAL COMPLEX, INC., Debtor. In re: Christine Falls of New York, Inc., Debtor. In re: Trafalgar Power, Inc., Debtor. Marina Development, Inc., Trafalgar Power, Inc., Christine Falls of New York, Inc., Franklin Industrial Complex, Inc., and Pine Run of Virginia, Inc., Plaintiffs, v. Algonquin Power Corporation, Inc., Algonquin Power Systems, Inc., Algonquin Power Fund (Canada), Inc., Algonquin Power Income Fund, Algonquin Power Systems New Hampshire, Inc., Algonquin Power (U.S. Holdings), Inc., Aetna Life Insurance Company, CIT Credit Group, Inc. f/k/a Newcourt Credit Group, Inc. and Canadian Income Partners 1 Limited Partnership, Defendants. Marina Development, Inc., Trafalgar Power, Inc., Christine Falls of New York, Inc., Franklin Industrial Complex, Inc., and Pine Run of Virginia, Inc., Plaintiffs, v. Algonquin Power Corporation, Inc., Algonquin Power Systems, Inc., Algonquin Power Fund (Canada), Inc., Algonquin Power Income Fund, Algonquin Power Systems New Hampshire, Inc., Algonquin Power (U.S. Holdings), Inc., Aetna Life Insurance Company, CIT Credit Group, Inc. f/k/a Newcourt Credit Group, Inc. and Canadian Income Partners 1 Limited Partnership, Defendants.

United States Bankruptcy Court, N.D. New York.

Signed November 12, 2015.

Attorney(s) appearing for the Case

WENDY A. KINSELLA, ESQ. , DAVID M. CAPRIOTTI, ESQ. , HARRIS BEACH PLLC, Attorneys for Debtors, 333 West Washington Street, Suite 200, Syracuse, New York 13202

ROBERT K. WEILER, ESQ. , BOUSQUET HOLSTEIN PLLC, Attorneys for Marina Development, Inc., One Lincoln Center, Suite 900, 110 West Fayette Street, Syracuse, New York 13202

JEFFREY A. DOVE, ESQ. , MENTER, RUDIN & TRIVELPIECE, P.C., Attorneys for the Algonquin Entities, 308 Maltbie Street, Suite 200, Syracuse, New York 13204-1498

MEMORANDUM-DECISION AND ORDER

This Memorandum-Decision and Order results from the undersigned's first foray into sixteen-year-old litigation beginning in 1999 between the parties and unrelated third parties involving several consolidated actions spanning multiple forums. The

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