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AMERICAN FIDELITY ASSUR. v. BANK OF N.Y. MELLON

No. 15-6009.

810 F.3d 1234 (2016)

AMERICAN FIDELITY ASSURANCE COMPANY, Plaintiff-Appellee, v. The BANK OF NEW YORK MELLON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 20, 2016.

Attorney(s) appearing for the Case

Charles A. Rothfeld , Mayer Brown, LLP, Washington, DC ( Paul W. Hughes and James F. Tierney , Mayer Brown, LLP Washington, DC; and Matthew D. Ingber and Christopher J. Houpt , Mayer Brown, LLP, New York, N.Y., with him on the briefs), appearing for Appellant.

Stuart W. Emmons ( William B. Federman , on the brief), Federman & Sherwood, Oklahoma City, OK, appearing for Appellee.

Before LUCERO, MATHESON, and PHILLIPS, Circuit Judges.

American Fidelity Assurance Company ("American Fidelity") sued the Bank of New York Mellon ("BNYM") in the Western District of Oklahoma for claims arising from BNYM's conduct as Trustee of a trust holding mortgage-backed securities owned by American Fidelity. BNYM did not assert a personal jurisdiction defense in its first...

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