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ELLIOTT ASSOC. v. J. HENRY SCHRODER BANK & TR. CO.

Nos. 7, 67 and 68, Dockets 87-7258, 87-7364 and 87-7366.

838 F.2d 66 (1988)

ELLIOTT ASSOCIATES, on behalf of itself and all other holders of the 10% Convertible Subordinated Debentures of Centronics Data Computer Corp. similarly situated, Plaintiff-Appellant, Cross-Appellee, v. J. HENRY SCHRODER BANK & TRUST CO. and Centronics Data Computer Corp., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 1, 1988.

Attorney(s) appearing for the Case

Norris D. Wolff, New York City (Ronald D. Hariri, Kleinberg, Kaplan, Wolff & Cohen, P.C., New York City, of counsel), for plaintiff-appellant, cross-appellee Elliott Associates.

Richard P. Swanson, New York City (Laura A. Proske, Spengler Carlson Gubar Brodsky & Frischling, New York City, of counsel), for defendant-appellee, cross-appellant Centronics Data Computer Corp.

W. Cullen MacDonald, New York City (Katherine A. Gabbay, Hawkins, Delafield & Wood, New York City, of counsel), for defendant-appellee, cross-appellant, J. Henry Schroder Bank & Trust Co.

Robert B. Fiske, Jr., New York City (James L. Kerr, Thomas F. Godfrey, Davis Polk & Wardwell, New York City, of counsel), for amicus curiae Corporate Trust Committee of the Corporate Fiduciaries Ass'n of New York City.

Before FEINBERG, Chief Judge, and PIERCE and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

This appeal involves an examination of the obligations and duties of a trustee during the performance of its predefault duties under a trust indenture, qualified under the Trust Indenture Act of 1939, 15 U.S.C. § 77aaa et seq. (the "Act"). The instant action was brought by a debenture holder who sought to represent a class of all debenture holders under the trust indenture. The debenture holder alleged in its complaint that the...

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