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IN RE PSINET, INC.

Bankruptcy No. 01-13213 (REG). Adversary No. 01-2841(REG).

271 B.R. 1 (2001)

PSINET, INC. et al., Debtors PSINet, Inc. et al., Plaintiffs, v. Cisco Systems Capital Corporation, Defendant,

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

December 18, 2001.

Attorney(s) appearing for the Case

Wilmer, Cutler & Pickering, Washington, D.C., Wilmer, Cutler & Pickering, New York City, By Andrew N. Goldman, and David R. Lurie, Nixon Peabody LLP, New York City, By Robert N. Christmas and Daniel Sklar, for PSINet, Inc. et al.

Murphy, Sheneman, Julian & Rogers, Los Angeles, CA, By David J. Richardson, Otterbourg, Steindler, Houston & Rosen, P.C., New York City, By Remy J. Ferrario, for Cisco Systems Capital Corporation.

DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

ROBERT E. GERBER, Bankruptcy Judge.

Introduction

In this adversary proceeding — one of numerous "recharacterization" adversary proceedings brought by plaintiff, PSINet, Inc., one of the debtors in the above-captioned chapter 11 case ("PSINet," or the "Debtor"), against its equipment lessors — PSINet seeks a declaratory judgment that a "Master Agreement" and related "Lease...

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