GOLDMAN, SACHS & CO. v. GOLDEN EMPIRE SCHOOLS

Nos. 13-797-cv, 13-2247-cv.

764 F.3d 210 (2014)

GOLDMAN, SACHS & CO., Plaintiff-Appellee, v. GOLDEN EMPIRE SCHOOLS FINANCING AUTHORITY, Kern High School District, Defendants-Appellants. Citigroup Global Markets Inc., Plaintiff-Appellee, v. North Carolina Eastern Municipal Power Agency, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2014.


Attorney(s) appearing for the Case

Matthew A. Schwartz ( David H. Braff , Andrew H. Reynard , on the brief), Sullivan & Cromwell LLP, New York, N.Y., for Plaintiff-Appellee Goldman, Sachs & Co.

Audra J. Soloway ( Brad S. Karp , Andrew J. Ehrlich , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, N.Y., for Plaintiff-Appellee Citigroup Global Markets Inc.

James R. Swanson ( Alysson L. Mills , on the briefs), Fishman Haygood Phelps Walmsley Willis & Swanson, LLP, New Orleans, LA, for Defendants-Appellants Golden Empire Schools Financing Authority, Kern High School District, and North Carolina Eastern Municipal Power Agency.

Before: KATZMANN, Chief Judge, WALKER and DRONEY, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Because these appeals raise the same legal issue, we dispose of them in a single opinion. In each case, the district court granted a financial services firm's motion to enjoin a Financial Industry Regulatory Authority ("FINRA") arbitration brought against the firm by a public financing authority. Goldman, Sachs & Co. v. Golden Empire Sch. Fin. Auth., 922 F.Supp.2d 435 (S.D.N.Y...

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