HILLSIDE METRO ASSOCIATES v. JPMORGAN CHASE BANK

Docket No. 12-3302-CV.

747 F.3d 44 (2014)

HILLSIDE METRO ASSOCIATES, LLC, Plaintiff-Appellee, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Defendant-Appellant, and Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2014.


Attorney(s) appearing for the Case

R. Kemp Kasling , Kasling, Hemphill, Dolezal, & Atwell, L.L.P., Austin, TX ( Thomas E.L. Dewey , Adam M. Smith , Dewey Pegno & Kramarsky LLP, New York, NY, on the brief), for Plaintiff-Appellee.

Heather L. Hopkins , Morgan, Lewis & Bockius LLP, New York, NY, for Defendant-Appellant.

Joséph Brooks , Federal Deposit Insurance Corporation, Arlington, VA ( Colleen J. Boles , Assistant General Counsel, Kathryn Norcross , Acting Assistant General Counsel, Lawrence H. Richmond , Senior Counsel, Federal Deposit Insurance Corporation, Arlington, VA, on the briefs), for Intervenor-Appellant.

Before: POOLER, LOHIER, and CARNEY, Circuit Judges.


LOHIER, Circuit Judge:

Appellants the Federal Deposit Insurance Corporation (the "FDIC") and JPMorgan Chase Bank, National Association ("Chase") appeal from a judgment of the United States District Court for the Eastern District of New York (Gleeson, J.) granting summary judgment in favor of plaintiff Hillside Metro Associates, LLC ("Hillside"). This litigation arises out of the failure of Washington Mutual Bank ("WaMu...

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