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AG CAPITAL v. STATE ST. BANK

11 N.Y.3d 146 (2008)

AG CAPITAL FUNDING PARTNERS, L.P., et al., Appellants, v. STATE STREET BANK AND TRUST COMPANY, Respondent. (And Other Actions.)

Court of Appeals of the State of New York.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Kasowtiz, Benson, Torres & Friedman LLP, New York City (James J. Stricker and David M. Friedman of counsel), for appellants.

Kelley Drye & Warren LLP New York City (Steven P Caley, Robert S. Friedman and Kevin J. Smith of counsel), for respondent.

C. Dawn Causey, General Counsel, American Bankers-Association, Washington, D.C. (Gregory F Taylor, Jill M. Goldman and Cristeena Naser of counsel), for American Bankers Association, amicus curiae.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH and PIGOTT concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

JONES, J.

In this appeal arising out of the issuance of a series of debt securities by nonparties Loewen Group International, Inc. and Loewen Group, Inc. (collectively Loewen), the question before us is whether plaintiffs have viable claims against defendant State Street Bank and Trust Company (State Street) for breach of contract, violation of the federal Trust Indenture Act of 1939 (see 15 USC § 77aaa et seq.), breach...

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