IN RE LEHMAN BROTHERS INC.

Nos. 11 Civ. 6052 (KBF), 11 Civ. 6053 (KBF).

478 B.R. 570 (2012)

In re LEHMAN BROTHERS INC., Debtor. Barclays Capital Inc. and Barclays Bank PLC, Appellant and Cross-Appellees, v. James W. Giddens, as Trustee for the SIPA Liquidation of Lehman Brothers, Appellee and Cross-Appellant.

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

July 16, 2012.


Attorney(s) appearing for the Case

Jonathan David Schiller , Jonathan M. Shaw , Boies Schiller & Flexner LLP, Washington, DC, for Barclays Capital Inc. and Barclays Bank PLC.

Neil John Oxford , Seth D. Rothman , William R. Maguire , William Robert Stein , Hughes Hubbard & Reed LLP, New York, NY, for James W. Giddens as Trustee for SIPA Liquidation of Lehman Brothers.

John Frederick Wood , Hughes Hubbard & Reed LLP, Washington, DC, for Lehman Brothers Holdings Inc.


AMENDED OPINION & ORDER*

KATHERINE B. FORREST, District Judge.

The cross-appeals from the February 22, 2011 decision (the "Decision") of the Honorable James M. Peck, Bankruptcy Judge, arise out of what is commonly referred to as the "fog of Lehman" — the week of September 15 through September 22, 2008, which culminated in Barclays Capital Inc. ("Barclays") purchasing out of bankruptcy most of the North American...

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