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IN RE ADELPHIA COMMUNICATIONS CORP.

No. 05 Civ.5374(DC), Bankruptcy No. 02-41729(REG), Adversary No. 02-8074(REG).

331 B.R. 93 (2005)

In re ADELPHIA COMMUNICATIONS CORP. et al., Debtors. Gerald Dibbern, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Adelphia Communications Corp., John Does 1-20 and XYZ Company Nos. 1-50, Defendants-Appellees.

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

August 30, 2005.

Attorney(s) appearing for the Case

Law Offices of Stephen V. Saia, By: Stephen V. Saia, Pembroke, Massachusetts and Johnson & Perkinson, By: Jacob B. Perkinson, South Burlington, Vermont, for Plaintiff-Appellant.

Willkie Farr & Gallagher LLP, By: Brian E. O'Connor, Joanna Rotgers, New York, New York, for Defendants-Appellants.

MEMORANDUM DECISION

CHIN, District Judge.

This is an appeal from a decision and order of the United States Bankruptcy Court for the Southern District of New York (Gerber, B.J.), dated May 3, 2005 (the "Order"), granting the motion of defendant-appellee Adelphia Communications Corporation ("Adelphia") to dismiss the amended complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons that follow, the...

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