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IN RE LEHMAN BROS. HOLDINGS INC.

Bankruptcy Nos. 08-13555(JMP), 08-13900(JMP). Adversary No. 09-01138(JMP).

416 B.R. 392 (2009)

In re LEHMAN BROTHERS HOLDINGS INC., et al., Debtors. In re Lehman Commercial Paper, Inc., Debtors. LH 1440 L.L.C., Plaintiff, v. Lehman Commercial Paper, Inc., Lehman Brothers Holdings, Inc., and State Street Bank and Trust Company, Defendants.

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

September 25, 2009.

Attorney(s) appearing for the Case

Howard B. Comet, Esq., Weil, Gotshal & Manges LLP, New York, NY, for Debtors and Debtors in Possession.

Mark L. Lubelsky, Esq., Mark L. Lubelsky and Associates, New York, NY, for Plaintiff, LH 1440 L.L.C.

Evan J. Benanti, Esq., Eric Heining, Esq., Andrew C. Phelan, Esq., Sabin Willett, Esq., Bingham McCutchen LLP, Boston, MA, for Defendant, State Street Bank and Trust Company.

MEMORANDUM DECISION GRANTING MOTION TO DISMISS OF STATE STREET BANK AND TRUST COMPANY

JAMES M. PECK, Bankruptcy Judge.

Introduction

This dispute involves one of the loans held by State Street Bank and Trust Company ("State Street") that is part of a pool of commercial loans transferred pursuant to the terms of a master repurchase agreement (the "MRA"). Under the MRA, State Street paid approximately $1 billion to purchase this portfolio...

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