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DEUTSCHE BANK v. BD. OF INVS.

7 N.Y.3d 65 (2006)

850 N.E.2d 1140

818 N.Y.S.2d 164

DEUTSCHE BANK SECURITIES, INC., Respondent, v. MONTANA BOARD OF INVESTMENTS, Appellant.

Court of Appeals of New York.

Decided June 6, 2006.

Attorney(s) appearing for the Case

Olshan Grundman Frome Rosenzweig & Wolosky LLP, New York City (Herbert C. Ross, Jr., of counsel), and Chris D. Tweeten, Chief Civil Counsel, Office of the Attorney General of Montana, admitted pro hac vice, for appellant.

Krantz & Berman LLP, New York City (Larry H. Krantz and Wendy E. Gerstmann of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Chief Judge KAYE; Judge READ dissents in part in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

This appeal concerns a March 25, 2002 bond transaction between plaintiff Deutsche Bank Securities, Inc. (DBSI) and defendant Montana Board of Investments (MBOI). DBSI, a Delaware corporation with its headquarters in New York, is (among other things) engaged in trading securities for its own account and for clients. MBOI is a Montana state agency charged with managing an...

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