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BAYERISCHE LANDESBANK v. ALADDIN CAPITAL

Docket No. 11-4306-cv.

692 F.3d 42 (2012)

BAYERISCHE LANDESBANK, NEW YORK BRANCH and Bayerische Landesbank, Plaintiffs-Appellants, v. ALADDIN CAPITAL MANAGEMENT LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2012.

Attorney(s) appearing for the Case

David Spears ( Jason Mogel , Laurie Faxon Richardson , on the brief), Spears & Imes LLP, New York, N.Y., for Plaintiffs-Appellants.

Jason M. Halper ( Lambrina Mathews , on the brief), Cadwalader, Wickersham & Taft LLP, New York, N.Y., for Defendant-Appellee.

Before: LIVINGSTON and LOHIER, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge.

In this case, we are called on to determine whether an investor in a special investment vehicle — a synthetic collateralized debt obligation ("CDO") that sold interests in a credit default swap — can bring an action against the manager of the investment portfolio for the loss of its investment where the investor was not a party to the contract that defined the manager's role and duties.

Plaintiffs-Appellants Bayerische...

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