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AURELIUS CAPITAL MASTER, INC. v. MBIA INS. CORP.

No. 09 Civ. 2242 (RJS).

695 F.Supp.2d 68 (2010)

AURELIUS CAPITAL MASTER, INC., et al., Plaintiffs, v. MBIA INSURANCE CORPORATION, et al., Defendants.

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

February 11, 2010.

Attorney(s) appearing for the Case

Barry R. Ostrager, David W. Ichel, and Patrick T. Shilling of Simpson, Thacher & Bartlett, New York, NY, for Plaintiffs.

Jonathan D. Siegfried, John M. Nonna, and Lawrence A. Larose of Dewey & LeBouef, LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

RICHARD J. SULLIVAN, District Judge:

In this putative class action, Plaintiffs challenge the 2009 reorganization of MBIA Insurance Corporation as a fraudulent conveyance (Count I), constructive fraudulent conveyance (Count II), and a breach of the implied covenant of good faith and fair dealing (Count III). Now before the Court is Defendants' motion to dismiss the case pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6...

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