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In re MIRANT CORPORATION, et al., Chapter 11 Case, Debtors.

ORDER DENYING CITY OF WYANDOTTE'S MOTION TO COMPEL PAYMENT PURSUANT TO 11 U.S.C. § 365(d)(3) WITHOUT PREJUDICE

DENNIS MICHAEL LYNN, Bankruptcy Judge

Upon the motion, dated September 2, 2004 (the "Motion"), of the City of Wyandotte ("City"), as petitioner, for an order to compel Mirant Corporation ("Mirant"), Mirant Wyandotte, LLC ("Mirant Wyandotte") and their affiliated debtors (collectively, the "Debtors"), as debtors-in-possession, to pay certain outstanding post-petition tax expenses pursuant to section 365(d)(3) of chapter 11 of title 11 of the United States Code; and upon objection to the Motion filed by the Debtors, dated September 24, 2004 (the "Objection"); and upon City's reply to the Objection, dated September 28, 2004 (the "Reply"); and it appearing that the Court has jurisdiction over this matter; and it appearing that due notice of the Motion has been provided as set forth in the Motion, and that no other or further notice need be provided; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is hereby:

ORDERED that the Motion is DENIED without prejudice.

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IN RE MIRANT CORPORATION
(Oct 5, 2004)