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BANK OF NEW YORK v. FIRST MILLENNIUM, INC.

No. 06 Civ. 13388(CSH).

598 F.Supp.2d 550 (2009)

The BANK OF NEW YORK, in its capacity as Indenture Trustee of the NextCard Credit Card Master Note Trust, Interpleader Plaintiff, v. FIRST MILLENNIUM, INC., Millennium Partners, L.P., RMK Advantage Fund, and Federal Deposit Insurance Corporation, Interpleader Defendants.

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

February 24, 2009.

Attorney(s) appearing for the Case

Alston & Bird LLP, by Michael E. Johnson, Esq., New York, NY, for Plaintiff.

Vedder, Price, Kaufman & Kammholz, P.C., by Michael J. Edelman, Esq., New York, NY, for Defendant, First Millennium, et al.

Hughes Hubbard & Reed LLP, by Scott H. Christensen, Esq., Washington, D.C., Hughes Hubbard & Reed LLP, George Allan Davidson, Esq., New York, NY, for Defendant, FDIC.

Snow Becker Krauss P.C., by Ronald S. Herzog, Esq., New York, NY, for Interpleader Defendant, MK Advantage Fund.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge:

In this interpleader action, several groups of private investors and the Federal Deposit Insurance Corporation ("FDIC"), all interpleader defendants, assert competing claims to funds held by interpleader plaintiff The Bank of New York ("BNY"). BNY holds those funds in its role as Indenture Trustee of the NextCard Credit Card Master Note Trust ("NextCard"), a trust that was established by...

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