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IN RE ADELPHIA COMMUNICATIONS CORP.

No. 02-41729(REG). No. 02-08051 (REG).

317 B.R. 612 (2004)

In re ADELPHIA COMMUNICATIONS CORP., et al., Debtors. Adelphia Communications Corp., et al., Plaintiffs, v. John J. Rigas, et al., Defendants.

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

December 2, 2004.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner LLP, by Phillip C. Korologos, Esq. (argued), Eric Brenner, Esq., William D. Marsillo, Esq., Armonk, NY, by George Carpinello, Esq., Martin Deptula, Esq., Albany, NY, for Plaintiff Adelphia Communications Corp.

Dilworth Paxson, LLP, by Lawrence G. McMichael, Esq. (argued), Penny Conly Ellison, Esq., Christie M. Callahan, Esq., John J. Higson, Esq., Philadelphia, PA, for Defendants John Rigas, Michael Rigas, Timothy Rigas and other Rigas related parties.

Bragar Wexler Eagel & Morgenstern, P.C., by Debra Kramer, Esq., New York, NY, for the Equity Committee.

Kasowitz, Benson, Torres & Friedman LLP, by David M. Friedman, Esq., New York, NY, for the Creditors' Committee.

Mayer, Brown, Rowe & Maw LLP, by Kenneth E. Noble, Esq., Robert J. Ward, Esq., New York, NY, for Bank of Montreal.

Decision on Motion Under Fed.R.Civ.P. 56(f)

ROBERT E. GERBER, Bankruptcy Judge.

In this adversary proceeding under the umbrella of a case under chapter 11 of the Bankruptcy Code, in which plaintiff Adelphia Communications has moved for summary judgment on two of its many claims, the Rigas Defendants move, pursuant to Fed.R.Civ.P. 56(f), for an order deferring consideration of Adelphia's now-pending summary judgment motion until the Rigas Defendants...

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