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WELLS FARGO BANK, N.A. v. BROOKSAMERICA MORTGAGE

Docket No. 04-5306-CV(L), 04-5768(CON).

419 F.3d 107 (2005)

WELLS FARGO BANK, N.A., f/k/a Wells Fargo Bank Minnesota, N.A., Indenture Trustee, Plaintiff-Appellee, v. BROOKSAMERICA MORTGAGE CORPORATION and Michael Wayne Brooks, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2005.

Attorney(s) appearing for the Case

Steven D. Karlin, Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, New York, NY, for Defendants-Appellants.

Robert A. Jaffe (Jeffrey S. Jacobovitz and Ellen Bass, on the brief), Kutak Rock LLP, Washington, DC, for Plaintiff-Appellee.

Before: MINER and STRAUB, Circuit Judges, and KEENAN *,District Judge.

KEENAN, District Judge.

BrooksAmerica Mortgage Corporation ("BrooksAmerica") and its principal officer, Michael Wayne Brooks ("Brooks"), appeal from the denial of their motion for summary judgment, and from the grant of the cross-motion for summary judgment of Wells Fargo Bank, N.A. ("Wells Fargo"). The United States District Court for the Southern District of New York (Baer, J.) awarded Wells Fargo all rental payments past due under an equipment lease, with pre-judgment...

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