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IN RE CIT GROUP INC.

Bankruptcy No. 09-16565 (ALG). Adversary No. 11-02267 (ALG).

460 B.R. 633 (2011)

In re CIT GROUP INC., Reorganized Debtor. CIT Group Inc., Plaintiff, v. Tyco International Ltd., Defendant.

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

December 21, 2011.

Attorney(s) appearing for the Case

Sidley Austin LLP, By: Lee S. Attanasio, Esq. , John G. Hutchinson, Esq. , John J. Kuster, Esq. , Nicholas K. Lagemann, Esq. , New York, NY, for Plaintiff.

Gibson, Dunn & Crutcher LLP, By: Marshall R. King, Esq. , Janet M. Weiss, Esq., Oliver M. Olanoff, Esq. , New York, NY, for Defendant.

MEMORANDUM OF OPINION

ALLAN L. GROPPER, Bankruptcy Judge.

Introduction

Before the Court are cross-motions for summary judgment filed, respectively, by the reorganized debtor, CIT Group Inc. ("CIT" or "Reorganized Debtor"), and by its former indirect parent company, Tyco International Ltd. ("Tyco"). CIT argues that a claim filed by Tyco should be subordinated pursuant to § 510(b) of the Bankruptcy Code as one for damages arising...

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