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ETERNITY GLOBAL MASTER FUND v. MORGAN GUAR. TRUST

No. 03-7652.

375 F.3d 168 (2004)

ETERNITY GLOBAL MASTER FUND LIMITED, Plaintiff-Appellant, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK and JPMorgan Chase Bank, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: July 9, 2004.

Attorney(s) appearing for the Case

James S. Renard (William A. Brewer III, Daniel L. Brown, and Steven M. Reiness on the brief) Bickel & Brewer, New York, N.Y. for Appellant.

Nancy E. Schwarzkopf, J.P. Morgan Chase Legal Department, New York, N.Y. (Charles A. Gall, James W. Bowen, Jenkens & Gilchrist, Dallas, TX on the brief) for Appellees.

Before: JACOBS, SACK and RAGGI, Circuit Judges.

JACOBS, Circuit Judge.

Plaintiff-Appellant Eternity Global Master Fund Limited ("Eternity" or "the Fund") purchased credit default swaps ("CDSs" or "the CDS contracts") from Defendants-Appellees Morgan Guaranty Trust Company of New York and JPMorgan Chase Bank (collectively, "Morgan") in October 2001. Eternity appeals from a final judgment entered in the United States District Court for the Southern District of New York (McKenna, J.), dismissing with prejudice...

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