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MERRILL LYNCH MORTG. INVESTORS v. LOVE FUNDING CORP.

No. 07-1050-cv.

556 F.3d 100 (2009)

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, Plaintiff-Appellant, v. LOVE FUNDING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 13, 2009.

Attorney(s) appearing for the Case

Ira M. Feinberg (Lorane F. Hebert, Jake M. Shields, on the brief), Hogan & Hartson LLP, New York, NY, for Plaintiff-Appellant.

Alec W. Farr (Michael G. Biggers, Anna C. Ursano, on the brief), Bryan Cave LLP, Washington, DC, for Defendant-Appellee.

Before: RAGGI, Circuit Judge, KEENAN, Senior District Judge.

REENA RAGGI, Circuit Judge:

This appeal arises out of the sale of commercial mortgage-backed securities, complex financial products held by Wall Street banks in an approximate amount of $100 billion. See Louise Story, Fears Over Commercial Property Loans, N.Y. Times, Aug. 22, 2008, at C1; see also LaSalle Bank Nat'l Ass'n v. Nomura Asset Capital Corp., 424 F.3d 195, 199 (2d Cir.2005) (noting that commercial mortgage...

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