BANK OF NEW YORK TRUST CO. v. FRANKLIN ADVISERS

The BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee, Plaintiff, v. FRANKLIN ADVISERS, INC., Defendant-Appellee, Franklin CLO II, Ltd., Franklin CLO Corp., Chase Manhattan Bank London Nominee for Seira 13, as Nominee, Deutsche Bank Securities Inc., as A Nominee, Gensec Ireland Limited, as A Nominee, Hare & Co., as Nominee, Mac & Co., Massachusetts Mutual Life Insurance Co., Sun Life Insurance Co. of Canada, as A Nominee, Templeton Global Advisors, Ltd., as A Nominee, "John Doe 1," Through "John Doe" 12, The Last Twelve Names Being Fictitious and Unknown to Plaintiff, The Persons or Parties Intended Being The Beneficial Owners of the Preferred Shares, the Series I Combination Security and the Class C2 Notes Under Complaint, Defendants, v. CDO Plus Master Fund, Ltd., Merrill Lynch, Pierce, Fenner & Smith Inc., as A Nominee, Defendants-Appellants.