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BANK OF NEW YORK TRUST v. FRANKLIN ADVISORS

No. 07 Civ. 1746.

522 F.Supp.2d 632 (2007)

The BANK OF NEW YORK TRUST, N.A., as Trustee, Plaintiff, v. FRANKLIN ADVISORS, INC., Defendants.

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

November 16, 2007.

Attorney(s) appearing for the Case

Dennis Clarke Fleischmann, John D. Kircher, Bryan Cave LLP, New York, NY, for plaintiff The Bank of New York Trust Company, N.A.

Jonathan Lee Hochman, Matthew Alan Katz, Schindler Cohen & Hochman, New York, NY, for defendant Franklin Advisors, Inc.

Elena Pauline Lazarou, Reed Smith, LLP, for Philadelphia, PA, for defendant CDO Plus Master Fund, Ltd.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

CDO Plus Master Fund, Ltd ("CDO Plus") and Merrill Lynch, Pierce, Fenner & Smith ("Merrill Lynch") (collectively, the "Claimants"), defendants in this statutory interpleader action brought by The Bank of New York Trust Company, N.A. (the "Trustee"), filed a cross-claim against Franklin Advisors, Inc. ("Franklin Advisors"), another defendant in this interpleader action. Franklin Advisors moves...

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