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IN RE E.SPIRE COMMUNICATIONS, INC.

No. 01-974 (RB).

284 B.R. 534 (2002)

In re E.SPIRE COMMUNICATIONS, INC., et al., Debtors.

United States Bankruptcy Court, D. Delaware.

September 13, 2002.

Attorney(s) appearing for the Case

Joelle E. Polesky, Smith, Katzenstein & Furlow LLP, Wilmington, DE, for 360networks (USA), Inc.

Domenic E. Pacitti, Maria Aprile Sawczuk, Rebecca E. Street, Saul Ewing LLP, Wilmington, DE, Jeffrey C. Hampton, Saul Ewing LLP, Philadelphia, PA, for Debtors and Debtors in Possession.

MEMORANDUM OPINION ON OBJECTION TO DEBTORS' SALE MOTION1

RONALD BARLIANT, Bankruptcy Judge.

Before the Court is the Objection of 360networks (USA), Inc. to Debtors Expedited Motion For Orders Under Sections 105, 363 and 365 of the Bankruptcy Code of the Bankruptcy Code and Bankruptcy Rules 6004, 6006 and 9014 ("Sale Motion")[Doc. No. 1221]. The primary issue is whether e.spire Communications, Inc. ("Debtors") had title...

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