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NPS LLC v. AMBAC ASSUR. CORP.

Civil Action No. 08-11281-DPW.

706 F.Supp.2d 162 (2010)

NPS LLC, Plaintiff, v. AMBAC ASSURANCE CORPORATION, Defendant.

United States District Court, D. Massachusetts.

February 25, 2010.

Attorney(s) appearing for the Case

Daniel L. Goldberg, Charles L. Solomont, Samuel R. Rowley, Bingham McCutchen LLP, Boston, MA, for Plaintiff.

Carrie A. Syme, David W. Dykhouse, Nivritha Ketty, Philip R. Forlenza, Patterson Belknap Webb & Tyler LLP, New York, NY, Peter M. Acton, Edward P. Leibensperger, Thomas O. Bean, McDermott, Will & Emery LLP, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

The plaintiff, NPS LLC ("NPS"), an affiliate of the New England Patriots, issued bonds in 2000 to fund the construction of Gillette Stadium. NPS obtained financial guarantee insurance for the bonds through the defendant, Ambac Assurance Corporation ("Ambac"). In this diversity suit, NPS alleges that Ambac's communications regarding its credit rating, which was lowered in January 2008, constituted...

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