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WACHOVIA BANK, v. VCG SPECIAL OPPORTUNITIES FUND

Docket No. 10-1648-cv.

661 F.3d 164 (2011)

WACHOVIA BANK, NATIONAL ASSOCIATION, Wachovia Capital Markets LLC, Plaintiffs-Appellants, v. VCG SPECIAL OPPORTUNITIES MASTER FUND, LTD., formerly known as CDO Plus Master Fund Ltd., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 28, 2011.

Attorney(s) appearing for the Case

Shawn Patrick Regan , New York, NY, (Hunton & Williams, New York, NY, Patrick L. Robson , Hunton & Williams, Charlotte, NC, on the brief), for Plaintiffs-Appellants.

Terence W. McCormick , New York, NY, ( Steven G. Mintz , Mintz & Gold, New York, NY, on the brief), for Defendant-Appellee.

Before: KEARSE, POOLER, and LYNCH, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiffs Wachovia Bank, N.A. ("Wachovia Bank" or the "Bank" or "WB"), and Wachovia Capital Markets, LLC (or "WCM"), which formerly were owned by Wachovia Corporation ("Wachovia") and now are wholly-owned subsidiaries of Wells Fargo & Company, appeal from a judgment of the United States District Court for the Southern District of New York, Laura Taylor Swain, Judge, dismissing their action seeking to enjoin an arbitration proceeding...

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