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IN RE DBSD NORTH AMERICA, INCORPORATED

Docket Nos. 10-1175, 10-1201, 10-1352.

627 F.3d 496 (2010)

In re DBSD NORTH AMERICA, INCORPORATED, Debtor. Dish Network Corporation, Creditor-Appellant, v. DBSD North America, Incorporated, Debtor-Appellee, Ad Hoc Committee of Senior Noteholders, Official Committee of Unsecured Creditors, Creditors-Appellees. Sprint Nextel Corporation, Appellant, v. DBSD North America, Inc., Ad Hoc Committee of Senior Noteholders, Official Committee of Unsecured Creditors, Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2010.

Attorney(s) appearing for the Case

Martin N. Flics , Lawrence Byrne , Paul S. Hessler , Linklaters LLP, New York, NY, for Dish Network Corporation.

Lee Ann Stevenson , Marc Jason Carmel , Yosef J. Riemer , Kirkland & Ellis LLP, Chicago, IL, for DBSD North America, Incorporated.

Andrew M. Leblanc , Risa M. Rosenberg , Milbank, Tweed, Hadley & McCloy LLP, Washington, DC, for Ad Hoc Committee of Senior Noteholders.

Theresa A. Foudy , Maryann Gallagher , Steven J. Reisman , Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, for Official Committee of Unsecured Creditors.

Jennifer Taylor , Evan Jones , O'Melveny & Myers LLP, San Francisco, CA, for Loan Syndications and Trading Association.

John Handy Culver, III , Eric Moser , Felton E. Parrish , K&L Gates LLP, Charlotte, NC, for Sprint Nextel Corporation.

Prior report: 2010 WL 1223109.

ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED IN PART and REVERSED IN PART. The emergency stay is VACATED as moot, and the motion to lift that stay is DENIED as moot.

These consolidated appeals arise out of the bankruptcy of DBSD North America, Incorporated and its various subsidiaries. The bankruptcy court confirmed a plan of reorganization...

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