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IN RE NETIA HOLDINGS S.A.

No. 02-10744(REG).

277 B.R. 571 (2002)

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

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

April 29, 2002.

Attorney(s) appearing for the Case

Weil Gotshal & Manges LLP, New York City, by Marcia Goldstein, Scott Cohen, Sascha N. Rand, for Petitioners.

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

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

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

Sonnenschein, Nath & Rosenthal, New York City, by Carol Neville, for Triage Capital Management, L.P.

DECISION AND ORDER ON MOTION TO DISMISS CASE

ROBERT E. GERBER, Bankruptcy Judge.

This case under section 304 of the Bankruptcy Code — a case ancillary to a foreign proceeding — was commenced by Kjell-Ove Blom, Avraham Hochman, Ewa Don-Siemion, Mariusz Piwowarczyk, Mariusz Chmielewski and Dariusz Wojcieszek (the "Petitioners"), as members of the management board of Netia Holdings, S.A. ("Netia Holdings"), Netia Telekom S.A. ("Netia Telekom"...

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