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IN RE METROMEDIA FIBER NETWORK, INC.

Nos. 02-22736 (ASH) to 02-22742 (ASH), 02-22744 (ASH) to 02-22746 (ASH), 02-22749 (ASH), 02-22751 (ASH) to 02-22754 (ASH).

335 B.R. 41 (2005)

In re METROMEDIA FIBER NETWORK, INC., et al., Debtors.

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

December 2, 2005.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, by David G. Ebert, New York City, for Abovenet, Inc. (f/k/a Metromedia Fiber Network, Inc.)

Kronish Lieb Weiner & Hellman, LLP, by Richard S. Kanowitz, New York City, for Abovenet, Inc. (f/k/a Metromedia Fiber Network, Inc.)

Jaspan Schlesinger Hoffman, LLP, by Lisa M. Golden, Alan K. Hirschhorn, Garden City, NY, for SBC Telecom, Inc.

OPINION AFTER TRIAL ON MOTION TO ASSUME

ADLAI S. HARDIN, JR., Bankruptcy Judge.

Before me is a motion under Section 365 of the Bankruptcy Code by reorganized debtor Abovenet, Inc., formerly known as Metromedia Fiber Network, Inc. ("MFN") to assume its contract dated May 26, 2000 entitled Dark Fiber Lease Agreement (the "Agreement") with SBC Telecom, Inc. ("SBCT") for the lease of dark optical fiber strands...

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