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IN RE WINSTAR COMMUNICATIONS

Bankruptcy No. 01-1430-JBR. Civ.A. No. 04-0012-JJF.

315 B.R. 660 (2004)

In re WINSTAR COMMUNICATIONS, et al., Debtor. BEA Systems Inc., Appellants, v. Christine C. Shubert, Chapter 7 Trustee for Winstar Communications, Inc., et al., Appellee.

United States District Court, D. Delaware.

September 30, 2004.

Attorney(s) appearing for the Case

William F. Taylor, Jr., Katherine L. Mayer, McCarter & English, LLP, Wilmington, DE, of counsel: Eduardo J. Glas, McCarter & English, LLP, Newark, NJ, for Appellant.

Sheldon K. Rennie, Fox Rothschild LLP, Wilmington, DE, of counsel: Michael G. Menkowitz, Fox Rothschild LLP, Philadelphia, PA, Richard G. Smolev, Kaye Scholer LLP, New York City, for Appellee.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is an appeal by Appellant, BEA Systems Inc. ("BEA") from the November 14, 2003 Order (the "Order") of the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") denying BEA's motion to lift the stay to permit the exercise of setoff rights pursuant to Section 553 of the Bankruptcy Code and compelling turnover of property of the Debtor's Estate. For the...

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