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IN RE NETIA HOLDINGS, S.A.

No. 02-10744 REG.

278 B.R. 344 (2002)

In re NETIA HOLDINGS S.A., et al., Debtors in a Foreign Proceeding.

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

May 14, 2002.

Attorney(s) appearing for the Case

Weil Gotshal & Manges LLP, by Marcia L. Goldstein, Robert G. Sugarman, Sascha N. Rand and Scott E. Cohen, New York City, for Petitioners.

Friedman Kaplan Seiler & Adelman LLP, by Anne E. Beaumont and Heather Windt, New York City, for SISU Capital Limited.

Cadwalader Wickersham & Taft, by Gregory Petrick and Richard Nevins, New York City, for Ad Hoc Committee of Noteholders.

Shipman & Goodwin LLP, by Ira H. Goldman and Kathleen M. LaManna, Hartford, CT, for the Indenture Trustee.

Sonnenschein, Nath & Rosenthal, by Carol Neville and Mathew T. Bergman, New York, for Triage Capital Management, L.P.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION FOR PRELIMINARY INJUNCTION

ROBERT E. GERBER, Bankruptcy Judge.

This case under section 304 of the Bankruptcy Code — a case ancillary to a foreign proceeding — was commenced by the members of the management board of Netia Holdings S.A. ("Netia Holdings"), Netia Telekom S.A. ("Netia Telekom") and Netia South Sp. z.o.o. ("Netia South," and together with the others, "Netia," or the "Foreign Debtors...

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