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XPEDIOR CREDITOR TRUST v. CREDIT SUISSE FIRST BOSTON (USA), INC.

No. 02 Civ. 9149(SAS).

309 F.Supp.2d 459 (2003)

XPEDIOR CREDITOR TRUST, on behalf of itself and others similarly situated, Plaintiff, v. CREDIT SUISSE FIRST BOSTON (USA), INC., as successor-in-interest to Donaldson, Lufkin & Jenrette Securities Corporation, Defendant.

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

October 2, 2003.

Attorney(s) appearing for the Case

Steven J. Toll, Linda P. Nussbaum, Cohen, Milstein, Hausfeld & Toll, P.L.L.C., New York, New York, Charles P. Goodwin, Berger & Montague, P.C., Philadelphia, Pennsylvania, for Plaintiff.

Peter K. Vigeland, Frasier L. Hunter, Wilmer, Cutler & Pickering, New York, New York, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

The Xpedior Creditor Trust ("Xpedior"), as a putative class representative, is suing Credit Suisse First Boston ("CSFB") (as successor-in-interest to Donaldson Lufkin & Jenrette Securities Corp. ("DLJ")) for breach of contract. Xpedior alleges that DLJ breached its underwriting contracts with the class members by requiring extra payments from investors...

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