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IN RE 360NETTWORKS (USA) INC.

Bankruptcy No. 01-13721 (ALG), Adversary No. 03-04126, Adversary No. 03-04796, Adversary No. 03-02233, Adversary No. 03-04305, Adversary No. 03-02241, Adversary No. 03-02395, Adversary No. 03-02236, Adversary No. 03-02398, Adversary No. 03-04536, Adversary No. 03-02234, Adversary No. 03-02248.

327 B.R. 187 (2005)

In re: 360NETWORKS (USA) INC., et. al., Debtors. The Official Committee of Unsecured Creditors of 360Networks (USA) Inc., et al., and 360Networks (USA) Inc., by and Through The Official Committee of Unsecured Creditors of 360Networks (USA) Inc., et al., Plaintiffs, v. AAF-McQuay, Inc., Cadence McShane Corp., David Evans & Associates, Inc., Big-D Fastrack Corp., IBI Group, Kontak, Ollanik Construction Co. Inc., PSA Advanced Technology Group, Ruys & Co., Slater Paull & Associates, Inc., Stationary Power Services, Inc. and Zero DB, LLC, Defendants.

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

July 19, 2005.

Attorney(s) appearing for the Case

Dreier LLP, New York, NY by Norman N. Kinel, Terence D. Watson, Timothy Solomon, for the Plaintiffs/Debtors.

Arthur Russell, New York, NY, for AAF McQuay Inc.

Roland Gary Jones, New York, NY, for IBI Group, Kontak, Ollanik Construction Co. Inc., PSA Advanced Technology Group, Ruys & Co., Slater Paull & Associates, Inc., Stationary Power Services, Inc. and Zero DB, LLC.

Finestein & Malloy, L.L.C., Chatham, NJ by Michael D. Malloy, for Cadence McShane Corp.

Potter, Anderson & Corroon, LLP, Wilmington DE by David J. Baldwin, Rebecca S. Beste, for David Evans and Associates, Inc.

Kirkpatrick & Lockhart, Nicholson Graham LLP, New York, NY by Robert N. Michaelson, Babcock Scott & Babcock PC, Salt Lake City, UT by Robert F. Babcock, Cody W. Wilson, for Big-D Fastrack Corp.

MEMORANDUM OF OPINION

ALLAN L. GROPPER, Bankruptcy Judge.

The Court has consolidated for decision motions for partial summary judgment filed by the following defendants in separate adversary proceedings brought in connection with the above-captioned Chapter 11 case: AAF-McQuay, Inc., Cadence McShane Corp., David Evans & Associates, Inc., Big-D Fastrack Corp., IBI Group, Kontak, Ollanik Construction Co. Inc., PSA Advanced Technology Group, Ruys...

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