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PSINET LIQUIDATING LLC v. BEAR STEARNS & CO.

Docket Nos. 03-7295, 03-7739.

357 F.3d 263 (2004)

PSINET LIQUIDATING LLC, Plaintiff-Appellant, v. BEAR STEARNS & CO., INC., Chase Securities Inc., Donaldson, Lufkin & Jenrette Securities Corp., Bear Stearns International Limited, Chase Manhattan International Limited, Donaldson, Lufkin & Jenrette International, Defendants-Appellees. PSINET LIQUIDATING LLC, Plaintiff-Appellant, v. Bear Stearns International Limited, Donaldson, Lufkin & Jenrette International, Merrill Lynch International Limited, Morgan Stanley & Co., International, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 2, 2004.

Attorney(s) appearing for the Case

Thomas C. Willcox, Washington, DC (Alan N. Alpern and Brian Guillorn, New York, NY, of counsel), for Plaintiff-Appellant.

Jeffrey Q. Smith, New York, N.Y. (Paul A. Straus, Rishona Fleishman, King & Spalding LLP, of counsel), for Defendants-Appellees.

Before OAKES and CABRANES, Circuit Judges, and MUKASEY, District Judge.

PER CURIAM.

Plaintiff PSINet Liquidating LLC brought two suits in New York State Supreme Court alleging that defendants unlawfully collected broker fees from plaintiff's predecessor, PSINet Inc. ("PSINet"), in connection with the 1999 purchase and resale of debt securities issued by PSINet. Two purchase agreements between PSINet, a provider of Internet and eCommerce services, and certain of the defendants — all investment dealers based overseas — provided...

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