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SIPC v. LEHMAN BROS. INC.

No. 08-1420 (JMP).

433 B.R. 127 (2010)

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff. v. LEHMAN BROTHERS INC., Defendant.

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

June 1, 2010.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed, LLP, James B. Kobak, Jr., Esq., Ramsey Chamie, Esq., New York, NY, for SIPA Trustee.

Securities Investor Protection Corporation, Kenneth J. Caputo, Esq., Washington, DC, for SIPC.

Fifth Third Asset Management, Inc., Matthew A. Swendiman, Esq., Cincinnati, OH, for Fifth Third Structured Large Cap Plus Fund.

K & L Gates LLP, Richard A. Kirby, Esq., Stephen G. Topetzes, Esq., Washington, DC, for Fifth Third Structured Large Cap Plus Fund.

K & L Gates LLP, Philip M. Guess, Esq., Kymberly K. Evanson, Esq., Seattle, WA, for Fifth Third Structured Large Cap Plus Fund.

MEMORANDUM DECISION GRANTING MOTION TO UPHOLD DETERMINATION OF CLAIM BY SIPA TRUSTEE

JAMES M. PECK, Bankruptcy Judge.

Introduction

James W. Giddens, as Trustee (the "Trustee") for the liquidation of Lehman Brothers Inc. ("LBI") under the Securities Investor Protection Act ("SIPA"), 15 U.S.C. § 78aaa et seq., has brought a Motion for an order upholding his determination regarding...

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