In re XO COMMUNICATIONS, INC., Reorganized Debtor.
Aron Rosenberg, Plaintiff,
v.
XO Communications, Inc., Eagle River Investments, L.L.C., and Craig O. McCaw, Defendants.
United States Bankruptcy Court, S.D. New York.https://leagle.com/images/logo.png
September 23, 2005.
September 23, 2005.
Attorney(s) appearing for the Case
Abraham & Associates (Jeffrey S. Abraham, Esq., of Counsel), Fruchter & Twersky LLP (Mitchell M.Z. Twersky, Esq., Jack G. Fruchter, Esq., of Counsel), Law Offices of David Carlebach, Esq. (David Carlebach, Esq., of Counsel), New York, NY, for Plaintiff, Aron Rosenberg.
Simpson Thacher & Bartlett LLP (Bruce D. Angiolillo, Esq., John W. Carr, Esq., Peter V. Pantaleo, Esq., Daniel H. Tabak, Esq., O. Andrew F. Wilson, Esq., of Counsel), New York, NY, for Defendants, Craig O. McCaw and Eagle River Investments, L.L.C.
Brown Rudnick Berlack Israels LLP (Andrew Dash, Esq., Todd A. Feinsmith, Esq., Leslie H. Scharf, Esq., Steven Smith, Esq., of Counsel), New York, NY, for Reorganized Debtor-Defendant, XO Communications, Inc.
United States Bankruptcy Court, S.D. New York.
OPINION DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S CLAIM FOR RELIEF REQUESTING DECLARATORY JUDGMENT THAT CONFIRMED PLAN OF REORGANIZATION AND PLAN CONFIRMATION ORDER DO NOT RELEASE DEFENDANTS FROM PLAINTIFF'S SECURITIES ACTION PURSUANT TO SECTION 16(b) OF SECURITIES EXCHANGE ACT OF 1934 AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT REGARDING SUCH CLAIM FOR RELIEF
ARTHUR J. GONZALEZ, Bankruptcy Judge.
The issue before the Court is...
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