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IN RE SUNBEAM CORP.

Bankruptcy No. 01-40291 (AJG). Adversary No. 01-2886A.

284 B.R. 355 (2002)

In re SUNBEAM CORP., Debtor. Official Committee of Unsecured Creditors of Sunbeam Corporation, on behalf of the estate of Sunbeam Corporation, Plaintiff, v. Morgan Stanley & Co., Inc., Morgan Stanley Senior Funding, Inc., First Union National Bank, and Bank of America National Trust and Savings Association, Defendants.

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

October 18, 2002.

Attorney(s) appearing for the Case

Weil Gotshal & Manges, LLP, Diane Harvey, of counsel, New York City, for Debtor.

Kasowitz, Benson, Torres & Friedman, LLP, David M. Friedman, of counsel, New York City, for Official Committee of Unsecured Creditors.

Wachtell, Lipton, Rosen & Katz, Theodore Gewertz, of counsel, New York City, for Morgan Stanley Senior Funding, Inc., First Union National Bank, Bank of America National Trust & Savings Association, and Morgan Stanley & Co., Inc.

MEMORANDUM DECISION GRANTING MOTIONS TO DISMISS AMENDED COMPLAINT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

Before the Court are two motions, each dated October 1, 2001, to dismiss portions of an Amended Complaint,1 dated September 6, 2001 (the "Amended Complaint"). The Amended Complaint was filed by the Official Committee of Unsecured Creditors (the "Committee") against (i) Morgan Stanley Senior Funding, Inc. ("MSSF"), (ii...

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