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IN RE CALPINE CORP.

Bankruptcy No. 05-60200 (BRL). Adversary No. 06-01461-BRL. 06 Civ. 5185(SAS).

356 B.R. 585 (2007)

In re CALPINE CORPORATION, et al., Debtors. Law Debenture Trust Company of New York, solely in its capacity as First Lien Indenture Trustee, Plaintiff, v. Calpine Corporation, et al., Defendants.

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

January 9, 2007.

Attorney(s) appearing for the Case

Edward S. Weisfelner, Sigmund S. Wissner-Gross, Brown Rudnick Berlack Israels LLP, New York, New York, Joseph F. Ryan, Steven B. Levine, Brown Rudnick Berlack Israels LLP, Boston, Massachusetts, for Appellant.

Richard M. Cieri, Edward 0. Sassower, Kirkland & Ellis LLP, New York, New York, Jeffrey S. Powell, Stephen E. Hessler, Kirkland & Ellis LLP, Washington, D.C., for Appellees.

Michael S. Stamer, Fred S. Hodara, Abid Qureshi, Akin Gump Strauss Hauer & Feld LLP, New York, New York, for The Official Committee of Unsecured Creditors.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Law Debenture Trust Company of New York, solely in its capacity as indenture trustee ("Trustee") under the indenture ("Indenture") for the 9.625% First Priority Senior Secured Notes Due 2014 issued by Calpine Corporation ("Calpine") on September 30, 2004 (the "Notes"), appeals two orders by Judge Burton R. Lifland of the United States Bankruptcy Court for the Southern...

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