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IN RE BANKERS TRUST CO.

Docket Nos. 05-1155-BK(L), 05-1485-BK(XAP).

450 F.3d 121 (2006)

In re: BANKERS TRUST COMPANY Semi-Tech Litigation, LLC, Plaintiff-Appellant-Cross-Appellee, v. Bankers Trust Company, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 31, 2006.

Attorney(s) appearing for the Case

Kevin N. Ainsworth, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. (Robert I. Bodian, of counsel), New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Edward Flanders, Pillsbury Winthrop Shaw Pitman LLP (F. Joseph Owens, Jr., of counsel), New York, NY, for Defendant-Appellee-Cross-Appellant.

Before: JACOBS, LEVAL, STRAUB, Circuit Judges.

PER CURIAM:

This appeal involves, among other issues, the duty of an indenture trustee, acting under the Trust Indenture Act of 1939 ("TIA"), 15 U.S.C. § 77aaa et seq., to give notice to noteholders of events of default, and the circumstances under which an indenture trustee may be excused from the obligation. Under an indenture (the "Indenture") it made with Semi-Tech Corporation ("Semi-Tech"), defendant Bankers Trust Company ("BT") served as indenture...

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