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IN RE XO COMMUNICATIONS, INC.

No. 02-12947 (AJG).

301 B.R. 782 (2003)

In re XO COMMUNICATIONS, INC., Debtor.

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

November 26, 2003.

Attorney(s) appearing for the Case

Savage & Associates, P.C., Denise L. Savage, JennyAnn Carles, White Plains, NY, for Unsecured Claim Estate Representative for Teligent, Inc., et al.

Willkie Farr & Gallagher, Tonny K. Ho, Anthony M. Vassallo, New York, NY, for XO Communications, Inc.

MEMORANDUM DECISION AND ORDER (1) DENYING MOTION OF UNSECURED CLAIM ESTATE REPRESENTATIVE FOR TELIGENT, INC., ET AL. TO PERMIT A LATE FILED PROOF OF CLAIM DUE TO INADEQUATE NOTICE AND EXCUSABLE NEGLECT AND (2) GRANTING REQUEST OF DEBTOR TO EXPUNGE THE CLAIM

ARTHUR J. GONZALEZ, Bankruptcy Judge.

The issues before the Court are (1) whether Teligent, Inc. ("Teligent") received adequate notice of XO Communications, Inc.'s (the "Debtor") July 22, 2002...

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