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TRUST FOR CERT. HOLDERS OF MERRILL v. LOVE FUND. CORP.

Docket No. 07-1050-cv.

591 F.3d 116 (2010)

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: January 11, 2010.

Attorney(s) appearing for the Case

Ira M. Feinberg, Hogan & Hartson LLP, New York, N.Y. (Andowah Newton, Hogan & Hartson LLP, New York, NY, Lorane F. Hebert, Hogan & Hartson LLP, Washington, D.C., on the brief), for Plaintiff-Appellant.

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

Before: B.D. PARKER, RAGGI, Circuit Judges, and KEENAN, District Judge.

REENA RAGGI, Circuit Judge:

Plaintiff, the Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors, Inc., Mortgage Pass-Through Certificates, Series 1999-C1 (the "Trust") sued defendant Love Funding Corporation ("Love Funding"), the originator of a defaulted mortgage held by the Trust, for breach of various representations and warranties made in a mortgage loan purchase agreement. Love Funding asserted the defense of champerty based on the fact that...

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