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Key Piece of Uniti Motion to Dismiss Windstream Claim Denied (1)

Dec. 12, 2019, 10:33 PM

A key count in Uniti Group Inc.’s motion to dismiss Windstream Holdings Inc. litigation against it over their master lease agreement was denied by U.S. Bankruptcy Court Judge Robert Drain.

  • Denial of the first count, that Windstream lacks standing to pursue re-characterization, raises the likelihood that the lease disagreement will be resolved at the trial scheduled for next year or ongoing mediation, instead of the dismissal motion
  • Drain deferred ruling on the second count, that the lease should be considered a lease of real property
  • The final three counts in the motion to dismiss were granted in part...

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