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IN RE CCT COMMUNICATIONS, INC.

Case No. 07-10210 (SMB), Adv. Proc. No. 07-01942.

In re: CCT COMMUNICATIONS, INC., Chapter 11 (Dismissed) Former Debtor. GLOBAL CROSSING TELECOMMUNICATIONS, INC., Plaintiff, v. CCT COMMUNICATIONS, INC., Defendant.

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

November 10, 2011.

Attorney(s) appearing for the Case

LATHAM & WATKINS LLP, Attorneys for Plaintiff Global Crossing Telecommunications, Inc. New York, New York. Robert J. Rosenberg, Esq. , James Brandt, Esq. , John D. Castiglione, Esq. , Elizabeth R. Marks, Esq. , Of Counsel.

BARNEY & KARAMANIS, LLP Attorneys for CCT Communications, Inc. Chicago, Illinois, James A. Karamanis, Esq. , Of Counsel

MEMORANDUM DECISION AND ORDER REGARDING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS

STUART M. BERNSTEIN, Bankruptcy Judge.

The defendant CCT Communications, Inc. ("CCT") has moved (the "Motion") pursuant to Rule 12(b) & (c) of the Federal Rules of Civil Procedure to dismiss Counts 1, 2, 4 and 6 in the Second Amended Complaint (the "SAC") filed by the plaintiff Global Crossing Telecommunications, Inc. ("Global Crossing"). Count 1 seeks a declaratory...

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