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IN RE TOUCH AMERICA HOLDINGS, INC.

Jointly Administered Case No. 03-11915 (KJC), Adv. Proc. No. 14-50664 (KJC).

In re: TOUCH AMERICA HOLDINGS, INC., et al. Chapter 11, Debtor. BRENT WILLIAMS AS PLAN TRUSTEE FOR TOUCH AMERICA HOLDINGS, INC., AND ITS AFFILIATED DEBTOR ENTITES Plaintiff, v. AT&T CORP., AND ZAYO GROUP, LLC AS SUCCESSOR BY MERGER TO 360 NETWORKS CORPORATION Defendants.

United States Bankruptcy Court, D. Delaware.

October 26, 2015.

Attorney(s) appearing for the Case

Brent Williams as Plan Trustee for Touch America Holdings, Inc. and Its Affiliated Debtor Entities, Plaintiff, represented by Robert S. Brady , Young, Conaway, Stargatt & Taylor, LLP, Margaret Whiteman Greecher , Young, Conaway, Stargatt & Taylor, LLP, Robert A. Julian , Winston & Strawn LLP, Kimberly S. Morris , Winston & Strawn LLP, Justin E. Rawlins , Winston & Strawn LLP, Eric E. Sagerman , Winston & Strawn LLP, Edward S. Son , Winston & Strawn LLP.

AT&T Corp., Defendant, represented by Derek C. Abbott , Morris, Nichols, Arsht & Tunnell, Judith A. Archer , Norton Rose Fulbright US LLP, Donna L. Culver , Morris, Nichols, Arsht & Tunnell, Erin R. Fay , Morris, Nichols, Arsht & Tunnell, LLP, Melanie McLaughlin Kotler , Norton Rose Fulbright US LLP, David A. Rosenzweig , Norton Rose Fulbright US LLP, David B. Schwartz , Norton Rose Fulbright US LLP, Jami Mills Vibbert , Norton Rose Fulbright US LLP.

Zayo Group, LLC, as Successor by merger to 360 Networks Corporation, Defendant, represented by Abigail M. Dayton , Zayo Group LLC, Cory D. Kandestin , Richards, Layton & Finger, P.A., Russell C. Silberglied , Richards, Layton & Finger, P.A..

MEMORANDUM AND ORDER DENYING MOTION TO DISMISS2

(D.I. 10, 27)

Before me is AT&T Corporation's Motion to Dismiss the Trustee's Complaint for Declaratory Relief. The Trustee filed his first Complaint on September 3, 2014. AT&T Corporation...

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