BANK OF NEW YORK TRUST, N.A. v. FRANKLIN ADVISERS

No. 07 Civ. 1746.

674 F.Supp.2d 458 (2009)

The BANK OF NEW YORK TRUST, NA., As Trustee, Plaintiff, v. FRANKLIN ADVISERS, INC., et al., Defendants.

United States District Court, S.D. New York.

Opinion Denying Reargument January 8, 2010.


Attorney(s) appearing for the Case

Dennis Clarke Fleischmann, John D. Kircher, Bryan Cave LLP, New York, NY, for Plaintiff.

Jonathan Lee Hochman, Matthew Alan Katz, Schindler Cohen & Hochman, Debra Sue Turetsky, Scott David Corrigan, Wiggin and Dana LLP, New York, NY, Elena Pauline Lazarou, Reed Smith, LLP, Philadelphia, PA, Norman Louis Tolle, Rivkin Radler, LLP, Uniondale, NY, Sean Michael Seely, Massachusetts Mutual Life Insurance Company, Springfield, MA, for Defendants.


DECISION AND ORDER

VICTOR MARRERO, District Judge.

In this interpleader action, two investors, CDO Plus Master Fund, Ltd. ("CDO Plus") and Merrill Lynch, Pierce, Fenner & Smith Inc. ("Merrill Lynch") (collectively, the "Claimants"), and Franklin Advisers, Inc. ("Franklin Advisers"), all interpleader defendants, assert competing claims to funds held by interpleader plaintiff The Bank of New York ("BNY" or "Trustee"). BNY holds the funds pursuant...

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