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WELLS FARGO BANK, N.A. v. SHARMA

No. 09 CV 854 (JSR).

642 F.Supp.2d 242 (2009)

WELLS FARGO BANK, N.A., Plaintiff, v. Timothy L. SHARMA, M.D., Defendant.

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

July 28, 2009.

Attorney(s) appearing for the Case

Andrew W. Stern, Martin Brandon Jackson, Sidley Austin LLP, New York, NY, for Plaintiff.

Nelson S. Ebaugh, Nelson S. Ebaugh, P.C., Houston, TX, for Defendant.

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

The instant declaratory action arises out of a dispute over the validity of a Swap Agreement executed by plaintiff Wells Fargo Bank, N.A. and defendant Timothy L. Sharma in February 2007. Plaintiff seeks a declaration that (1) the Swap Agreement is valid and enforceable; (2) defendant lacks the right to rescind or terminate the Swap Agreement; and (3) plaintiff has no obligation to return or refund the...

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