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IBJ SCHRODER BANK & TRUST CO. v. RESOLUTION TRUST CORP.

No. 1252, Docket 93-7858.

26 F.3d 370 (1994)

IBJ SCHRODER BANK & TRUST COMPANY, as Trustee, Plaintiff-Appellee, Employees' Retirement System of Alabama, Plaintiff-Intervenor-Appellee, v. RESOLUTION TRUST CORPORATION, as Conservator for Franklin Savings Association, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 15, 1994.

Attorney(s) appearing for the Case

Michael A. Cooper, New York City (Theodore Edelman, Diane D'Arcangelo, Scott L. Lessing, Sullivan & Cromwell, Elinor R. Hoffmann, Carolyn T. Ellis, Coudert Brothers, of counsel), for plaintiff-appellee.

Mitchell A. Karlan, New York City (Robert F. Serio, Colleen D. Duffy, W. James Hall, Gibson, Dunn & Crutcher, of counsel), for plaintiff-intervenor-appellee.

Glen H. Kanwit, Chicago, IL (David B. Goroff, John P. Ratnaswamy, Claudette P. Miller, Hopkins & Sutter, Chicago, IL, Jonathan W. Miller, Robin D. Adelstein, Jennifer L. Jones, Dewey Ballantine, New York City, of counsel), for defendant-appellant.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and LASKER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Resolution Trust Corporation ("RTC"), as conservator for Franklin Savings Association, appeals from a judgment of the United States District Court for the Southern District of New York (Leval, J.) holding RTC's purported repudiation of an indenture and the bonds issued thereunder to be unauthorized, void and of no effect. See 803 F.Supp. 878. RTC also appeals from the district court's order...

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