Case No. BK-N-01-31627.United States Bankruptcy Court, D. Nevada.
July 18, 2003.
Martin J. Weis, Esq., Dilworth Paxson LLP, Philadelphia, Pennsylvania, Counsel for Transport International Pool, Inc.
Jennifer A. Smith, Esq., Lionel Sawyer Collins, Reno, Nevada, Counsel for Washington Group International, Inc.
STIPULATION REGARDING OBJECTION TO CLAIMS BY AND BETWEEN THE REORGANIZED DEBTORS AND TRANSPORT INTERNATIONAL POOL, INC.
GREGG ZIVE, Chief Judge.
This stipulation (the “Stipulation”) is made by and between (i) Washington Group International, Inc., the above-captioned reorganized debtors (the “Reorganized Debtors”) and (ii) Transport International Pool, Inc. (“TIP”). The Reorganized Debtors and TIP hereby stipulate, subject to approval of the Court, as follows:
WHEREAS the Reorganized Debtors and TIP have agreed to resolve their disputes and differences arising from the Reorganized Debtors’ Omnibus Objection to Certain Satisfied Class 7 and 7 (a) Claims; and
WHEREAS each of the undersigned counsel to this Stipulation hereby represent and warrant that they have reviewed this Stipulation with their respective clients, and further that each of the undersigned counsel are fully authorized to enter into this Stipulation and Order on behalf of their respective clients.
NOW, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY STIPULATE AND DECREE AS FOLLOWS:
1. TIP’s claim in the amount of $3,329.07 (Claim No. 13800) shall be allowed (the “Allowed Claim”).
2. TIP’s claim in the amount of $5,300.10 (Claim No. 13802) shall be withdrawn with prejudice because the Reorganized Debtors previously satisfied this claim (the “Withdrawn Claim”).
3. The Reorganized Debtors shall use its best efforts to obtain court approval of this Stipulation and Order.
4. The Reorganized Debtors shall make payment of the Allowed Claim within 10 days of court approval of the Stipulation and Order.
5. The payment of the Allowed Claim should be made payable to Transport International Pool, Inc. and sent to the attention of Patricia McVey at 80 West Lancaster Avenue. Devon, Pennsylvania 19333.
6. The Court shall retain jurisdiction over any and all disputes, controversies, claims or other matters arising under or otherwise relating to this Stipulation.
IN WITNESS HEREOF, the parties hereto, intending to be legally bound, have executed this Stipulation and Order by and through their duly authorized counsel, as of the ___ day of July 2003.
SO ORDERED.