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TUTOR PERINI CORP. v. BANC OF AMERICA

No. 15-1945.

842 F.3d 71 (2016)

TUTOR PERINI CORPORATION, Plaintiff, Appellant, v. BANC OF AMERICA SECURITIES LLC, n/k/a Merrill Lynch, Pierce, Fenner & Smith, Incorporated, successor by merger; Bank of America, N.A., Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 21, 2016.

Attorney(s) appearing for the Case

George F. Carpinello , with whom Adam R. Shaw , Albany, NY, John F. Dew , and Boies Schiller & Flexner, LLP were on brief, for appellant.

Jonathan Rosenberg , with whom B. Andrew Bednark , Leah Godesky , and O'Melveny & Myers LLP, New York, NY, were on brief, for appellees.

Before Thompson, Selya, and Kayatta, Circuit Judges.

OVERVIEW

Today's dispute is part of the fallout from the financial system's near meltdown in the late 2000s. On one side of this dispute is Tutor Perini Corporation ("Tutor Perini"). On the other side is Banc of America Securities LLC and Bank of America, N.A. ("BAS" and "BANA," respectively). To hear Tutor Perini...

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