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IN RE SUNBEAM CORP.

Misc. No. M-47(DC), Bankruptcy No. 01-40291(AJG), Adversary No. 01-2886.

287 B.R. 861 (2003)

In re SUNBEAM CORPORATION, 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 District Court, S.D. New York.

January 23, 2003.

Attorney(s) appearing for the Case

Bennett J. Murphy, Sidney P. Levinson, Joshua D. Morse, Hennigan, Bennett & Dorman, LLP, Los Angeles, CA, Jane Goetz, Goetz, Fitzpatrick, Most & Bruckman, LLP, New York City, for Proposed Intervenor Oaktree Capital Management, LLC.

Theodore Gewertz, Michael A. Charish, Wachtell, Lipton, Rosen & Katz, New York City, Peter V. Pantaleo, Simpson, Thacher & Bartlett, New York City, for Defendants-Appellees.

MEMORANDUM DECISION

CHIN, District Judge.

Oaktree Capital Management, LLC ("Oaktree") moves to intervene in this bankruptcy appeal. The appellant has settled with the appellees, the underlying adversary proceeding defendants, and the original parties seek to dismiss the appeal. For the reasons that follow, the motion to intervene is denied, and the appeal is dismissed.

Oaktree held approximately ...

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