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FINANCE ONE PUB. v. LEHMAN BROS. SPECIAL FINANCING

Nos. 03-9049(L), 03-9096(XAP).

414 F.3d 325 (2005)

FINANCE ONE PUBLIC COMPANY LIMITED, Plaintiff-Appellee-Cross-Appellant, v. LEHMAN BROTHERS SPECIAL FINANCING, INC., Defendant-Appellant-Cross-Appellee, Sompong Sucharitkul, Dr., Special Master.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2005.

Attorney(s) appearing for the Case

Scott E. Eckas, King & Spalding LLP (Jeffrey Q. Smith and Jennifer L. Hurley, on the brief), New York, NY, for Defendant-Appellant-Cross-Appellee.

Aaron Rubinstein, Kaye Scholer LLP (Michael M. Pomerantz and Carly Henek, on the brief), New York, NY, for Plaintiff-Appellee-Cross-Appellant.

Michael S. Feldberg and Joshua D. Cohn, Allen & Overy LLP, New York, NY, for Amicus Curiae International Swaps and Derivatives Association.

WALKER, Chief Judge, POOLER and WESLEY, Circuit Judges.

BACKGROUND

POOLER, Circuit Judge.

This is a contract dispute in diversity between a Thai company and a Delaware corporation. Plaintiff-appellee-cross-appellant Finance One Public Company Ltd. ("Finance One"), a now-defunct publicly traded Thai corporation with its principal place of business in Bangkok, was once the largest financial company in Thailand. Defendant-appellant-cross-appellee Lehman Brothers Special Financing, Inc. ("LBSF"), a Delaware corporation...

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