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CERT. HOLDERS OF MERRILL LYNCH v. LOVE FUNDING

Docket Nos. 07-1050-cv (L), 07-1285-cv (XAP).

496 F.3d 171 (2007)

TRUST FOR the CERTIFICATE HOLDERS OF the MERRILL LYNCH MORTGAGE INVESTORS, INC. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-C1, by and through ORIX CAPITAL MARKETS, LLC as Master Servicer and Special Servicer, Movant-Plaintiff-Appellant-Cross-Appellee, v. LOVE FUNDING CORPORATION, Respondent-Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2007.

Attorney(s) appearing for the Case

Ira M. Feinberg, Hogan & Hartson LLP, New York, NY, for Movant-Plaintiff-Appellant-Cross-Appellee.

Alec W. Farr, Bryan Cave LLP, Washington, DC, for Respondent-Defendant-Appellee-Cross-Appellant.

Before: WINTER, B. D. PARKER, Circuit Judges, and OBERDORFER, District Judge.

PER CURIAM.

Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors, Inc. Mortgage Pass-Through Certificates, Series 1999-C1 (the "Trust") appeals from a judgment against it and in favor of Love Funding Corporation ("Love") after a bench trial before Judge Scheindlin. Trust now moves to dismiss Love's cross-appeal, arguing that Love lacks standing to maintain the cross-appeal because the issue raised by that cross-appeal, if resolved in a ruling...

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