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STATE STREET BANK AND TRUST CO. v. SALOVAARA

Docket Nos. 02-7683, 02-9003.

326 F.3d 130 (2003)

STATE STREET BANK AND TRUST COMPANY, as Trustee of the DuPont/Conoco Private Market Group Trust and as Trustee of the American Airlines, Inc. Master Fixed Benefit Pension Trust, SSP Advisors, L.P, and SSP, Inc. Plaintiffs-Appellees, v. Mikael SALOVAARA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 15, 2003.

Attorney(s) appearing for the Case

Leo V. Gagion, Dewey Ballantine LLP, New York, N.Y. (Sanford M. Livack, Helena Tavares Erickson, of counsel, on the Brief), for Plaintiffs-Appellees.

Andrew J. Levander, Swidler Berlin Shereff Friedman, LLP, New York, N.Y. (Joseph F. Donley, Robert W. Topp, of counsel; Joseph L. Buckley, Richard H. Epstein, Sills Cummis Radin Tischman Epstein & Gross, P.C., New York, NY, on the Brief), for Defendant-Appellant.

Before: STRAUB, KATZMANN, and RAGGI, Circuit Judges.

KATZMANN, Circuit Judge.

Defendant-Appellant Mikael Salovaara appeals from an order of the United States District Court for the Southern District of New York (Hellerstein, J.) granting summary judgment to Plaintiff-Appellee State Street Bank and Trust ("State Street") and entering a declaratory judgment that Salovaara is not entitled to look to an investment fund he founded for indemnification of legal expenses incurred while pursuing six lawsuits ostensibly connected...

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