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CITIBANK, N.A. v. MORGAN STANLEY & CO. INTERN.

No. 09 Civ. 8197(SAS).

797 F.Supp.2d 254 (2011)

CITIBANK, N.A., Plaintiff and Counterclaim Defendant, v. MORGAN STANLEY & CO. INTERNATIONAL, PLC, Defendant and Conterclaimant.

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

May 25, 2011.

Attorney(s) appearing for the Case

Gregory P. Joseph, Esq., Peter R. Jerdee, Esq., Sandra M. Lipsman, Esq., Rachel Cherington, Esq., Gregory P. Joseph Law Office LLC, New York, NY, for Plaintiff.

Kathleen M. Sullivan, Esq., Michael B. Carlinsky, Esq., Jonathan E. Pickhardt, Esq., Andrew S. Corkhill, Esq., Quinn Emanuel Urquhart & Sullivan, LLP, New York, New York, NY, for Defendant.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

This case arises out of a dispute over a credit default swap ("CDS") agreement between two of the most sophisticated financial institutions in the world—Citibank, N.A. ("Citibank") and Morgan Stanley & Co. International, PLC ("MSIP"). In an opinion and order dated May 12, 2010 (the "May 12 Opinion"), I concluded that MSIP breached the unambiguous terms of that...

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