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WACHOVIA CORP. v. CITIGROUP, INC.

No. 08 Civ. 8503(SAS).

634 F.Supp.2d 445 (2009)

WACHOVIA CORP., Plaintiff, v. CITIGROUP, INC., Defendant.

United States District Court, S.D. New York.

July 13, 2009.

Attorney(s) appearing for the Case

Eric Seiler, Esq., Bruce S. Kaplan, Esq., Andrew W. Goldwater, Esq., Daniel B. Rapport, Esq., Jeffrey C. Fourmaux, Esq., L. Reid Skibell, Esq., Jessica L. Richman, Esq., Amy K. Penn, Esq., Friedman, Kaplan, Seiler and Adelman, New York, NY, for Wachovia.

Gregory P. Joseph, Esq., Pamela Jarvis, Esq., Douglas J. Pepe, Esq., Gregory P. Joseph Law Office LLC, Paul A. Engelmayer, Esq., Noah Adam Levine, Esq., Wilmer, Cutler, Hale & Dorr, L.L.P., New York, NY, for Citigroup.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Wachovia seeks a declaratory judgment that the merger between Wachovia and Wells Fargo in October 2008 is "valid, proper, and not prohibited" by an exclusivity agreement that was entered into by Citigroup and Wachovia prior to the merger.1 Citigroup has moved for partial judgment on the...

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