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U.S. BANK NAT. ASSOCIATION v. BANK OF AMERICA N.A.

Docket No. 16-3560-cv August Term 2017.

916 F.3d 143 (2019)

U.S. BANK NATIONAL ASSOCIATION, as Successor (Wells Fargo Bank, NA), as Trustee (Registered Holders of Citigroup Commercial Mortgage Trust 2007-C6, Commercial Mortgage Pass-Through Certificates, Series 2007-C6), Acting By and Through Special Servicer CWCapital Asset Management LLC, Plaintiff-Appellant, v. BANK OF AMERICA N.A., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 15, 2019.

Attorney(s) appearing for the Case

Colleen M. Mallon ( Gregory A. Cross , on the brief), Venable LLP, Baltimore, Maryland, for Plaintiff-Appellant.

Elizabeth P. Papez ( Luke A. Connelly , Stephanie A. Maloney , on the brief), Winston & Strawn LLP, Washington, D.C. and New York, New York, for Defendant-Appellee.

Judge CHIN concurs in a separate opinion.

In this suit for breach of contract, Plaintiff U.S. Bank National Association appeals from orders of the United States District Court for the Southern District of New York (Paul G. Gardephe, J.) denying its motion to retransfer the suit to the United States District Court for the Southern District of Indiana, where it...

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