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IN RE LEHMAN BROS. HOLDINGS, INC.

No. 08-13555 (JMP). Adv. Pro. No. 09-01242 (JMP). District Court Case No. M47-10(VM).

422 B.R. 403 (2009)

In re LEHMAN BROTHERS HOLDINGS, INC. et al., Debtors. Lehman Brothers Special Financing Inc., Plaintiff, v. BNY Corporate Trustee Services Limited, Defendant.

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

October 14, 2009.

Attorney(s) appearing for the Case

Harvey R. Miller, Ralph I. Miller, Richard W. Slack, Weil, Gotshal & Manges, LLP, New York City, for Plaintiff.

Eric A. Schaffer, Michael J. Venditto, Reed Smith LLP, New York City, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

BNY Corporate Trustee Services Limited ("BNY") moves pursuant to 28 U.S.C. § 158(a)(3) and Federal Rule of Bankruptcy Procedure 8003(a) for leave to appeal the Bankruptcy Court's order, dated August 12, 2009, denying BNY's motion to dismiss the complaint in an adversary proceeding before the Bankruptcy Court (the "Adversary Proceeding"). BNY argued in the motion to dismiss that the absence of...

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