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IBJ SCHRODER BANK & TRUST v. RESOLUTION TRUST CORP.

No. 90 Civ. 2736 (PNL).

803 F.Supp. 878 (1992)

IBJ SCHRODER BANK & TRUST COMPANY, as Trustee, Plaintiff, and The Employees' Retirement System of Alabama, et al., Plaintiffs-Intervenors, v. The RESOLUTION TRUST CORPORATION as Conservator for Franklin Savings Association, Defendant.

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

As Amended October 15, 1992.

Attorney(s) appearing for the Case

Coudert Bros., New York City (Elinor R. Hoffman, Carolyn T. Ellis, W. Warren Scott, III, Paul S. Spivack, of counsel), Julie D. Fay, Asst. Gen. Counsel, IBJ Schroder Bank & Trust Co., New York City, for plaintiff.

Gibson, Dunn & Crutcher, New York City, Wesley G. Howell, Jr., Cantwell F. Muckenfuss, III (Mitchell A. Karlan, Robert F. Serio, of counsel), for plaintiffs-intervenors.

Hopkins & Sutter, Chicago, Ill. (Glen H. Kanwit, David B. Goroff, Claudette P. Miller, of counsel), Dewey, Ballantine, New York City (Jonathan W. Miller, Robin D. Adelstein, of counsel), for defendant and third-party plaintiff.

OPINION AND ORDER

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEVAL, District Judge.

This case challenges the repudiation by the Resolution Trust Fund Corporation ("RTC"), as conservator of Franklin Savings Association ("Franklin"), of an indenture and bonds issued thereunder by Franklin. Plaintiff IBJ Schroder is the indenture trustee (the "Trustee") for the bondholders. The Trustee, joined by plaintiff-intervenor-bondholders (the "Bondholders"),...

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