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XPEDIOR CREDITOR TRUST v. CREDIT SUISSE FIRST BOSTON

No. 02 Civ. 9149(SAS).

399 F.Supp.2d 375 (2005)

XPEDIOR CREDITOR TRUST, on behalf of itself and others similarly situated, Plaintiff, v. CREDIT SUISSE FIRST BOSTON (USA) INC., as successor-in-interest to Donaldson, Lufkin & Jenrette Securities Corporation, Defendant.

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

August 2, 2005.

Attorney(s) appearing for the Case

Steven J. Toll, Cohen, Milstein, Hausfeld & Toll, P.L.L.C., Washington, DC, H. Laddie Montague, Jr., Lawrence J. Lederer, Charles Goodwin, Jennifer E. MacNaughton-Wong, Berger & Montague, P.C., Philadelphia, PA, Linda P. Nussbaum, Cohen, Milstein, Hausfeld & Toll, P.L.L.C., New York City, for Plaintiff.

Peter K. Vigeland, Wilmer, Cutler & Pickering, New York City, Sam J. Salario, Jr., Carlton Fields, Tampa, FL, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. BACKGROUND

On March 9, 2004, I issued an opinion resolving the motion to dismiss of defendant Credit Suisse First Boston (USA) Inc. ("CSFB"), which included a summary of the claims of plaintiff and putative class representative Xpedior Creditor Trust (the "Creditor Trust").1 Familiarity with that opinion is assumed.

On May 20, 1999, Xpedior,...

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