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IN RE SPHINX, LTD

Nos. 06-11760 (RDD), 06 Civ. 13215(RWS).

371 B.R. 10 (2007)

In re SPHINX, LTD., et al., Debtors in Foreign Proceedings. Kenneth M. Krys and Christopher Stride, as Joint Official Liquidators of SPhinX, Ltd., et al., Appellants, v. Official Committee of Unsecured Creditors of Refco Inc., et al. and Marc S. Kirschner, as Chapter 11 Trustee of Refco Capital Markets, Ltd., Appellees.

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

July 5, 2007.

Attorney(s) appearing for the Case

Kaye Scholer LLP, by Madlyn Gleich Primoff, Michael Lynn, Lovells, by Gary S. Lee, Karen Ostad, New York, NY, for Kenneth M. Krys and Christopher Stride, as the Foreign Representatives of the SPhinX Debtors.

Milbank, Tweed, Hadley & McCloy LLP, by Luc A. Despies, Susheel Kirpalani, Dennis C. O'Donnell, Andrew M. Leblanc, New York, NY, for Joint Subcommittee of Official and Additional Committees of Unsecured Creditors of Refco., et al.

Bingham McCutchen LLP, by Timothy B. Desieno, Tina L. Brozman, Jared R: Clark, New York, NY, for Marc S. Kirschner, Chapter 11 Trustee for Refco Capital Markets, Ltd.

OPINION

SWEET, District Judge.

Kenneth M. Krys and Christopher Stride, the duly authorized foreign representatives (the "Foreign Representatives") of SPhinX, Ltd. and its affiliated debtors (collectively, the "SPhinX Debtors"),1 have appealed the order granting recognition and relief in aid of foreign proceedings pursuant to 11 U.S.C. §§ 1515, 1517 and 1521(a)(4), dated September 6, 2006 (the "Recognition Order...

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