LASALLE BANK NAT. ASS'N v. NOMURA ASSET CAPITAL

Docket No. 04-5488-CV.

424 F.3d 195 (2005)

LaSALLE BANK NATIONAL ASSOCIATION, as Trustee for Certificate-holders of Asset Securitization Corporation Commercial Mortgage Pass-Through Certificates, Series 1997-D5 by and through Lend Lease Asset Management, L.P., (Successor in Interest to Ameresco Management, Inc.), formerly known as LaSalle National Bank, Plaintiff-Appellant, v. NOMURA ASSET CAPITAL CORPORATION and Asset Securitization Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2005.


Attorney(s) appearing for the Case

Gregory G. Garre, Hogan & Hartson LLP, Washington, DC (Ira M. Feinberg, Hogan & Hartson LLP, New York, NY, Lorane F. Hebert, Hogan & Hartson LLP, Washington, D.C., Gary Cruciani, David Sochia, McKool Smith, PC, Dallas, TX, of counsel), for Plaintiff-Appellant.

Daniel C. Malone, Dechert LLP, New York, N.Y. (Nory Miller, Dechert LLP, Philadelphia, PA, James E. Tolan, Dechert LLP, New York, NY, of counsel), for Defendants-Appellees.

Before: JACOBS, SACK, and RAGGI, Circuit Judges.


SACK, Circuit Judge.

This appeal1 turns in large part on the meaning of several standard warranties contained in contracts for the sale and securitization of commercial mortgage loans. Plaintiff LaSalle Bank National Association ("LaSalle") brought this action in its capacity as trustee of a $1.8 billion fund of pooled mortgage loans on behalf of investors holding bonds representing interests in the fund. LaSalle alleges that defendant...

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