ELLIOTT ASSOCIATES, L.P. v. REPUBLIC OF PERU

Nos. 96 Civ. 7917(RWS), 96 Civ. 7916(RWS).

12 F.Supp.2d 328 (1998)

ELLIOTT ASSOCIATES, L.P., Plaintiff, v. The REPUBLIC OF PERU, Defendant. ELLIOTT ASSOCIATES, L.P., Plaintiff, v. Banco DE LA NACION, Defendant.

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

August 6, 1998.


Attorney(s) appearing for the Case

Weil, Gotshal & Manges LLP, New York City (Otto G. Obermaier, Brian S. Rosen, Eli Gottesdiener, Steven M. Shebar, Paul M. Tarr, Ross Morrison, of counsel), Bainbridge & Straus, Birmingham, AL (Michael Straus, of counsel), for Plaintiff.

Baker & Hostetler, Washington, DC (Mark A. Cymrot, Ralph G. Blasey, III, Ralph G. Blasey, III, Paul O. Gagnier, of counsel), for Defendants.


OPINION

SWEET, District Judge.

Elliott Associates, L.P. ("Elliott") brought these actions to recover monies due and owing on foreign debt instruments it acquired by way of assignment in the secondary capital markets. Defendants The Republic of Peru ("Peru") and Banco de la Nacion ("Banco") (collectively, the "Peru Defendants") concede the validity of the debt but deny that Elliott is a valid holder. They contend that the assignments, by two third...

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