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U.S. BANK, N.A. v. NORTHERN TRUST CO.

Civil No. 10-4079(DSD/JSM).

795 F.Supp.2d 893 (2011)

U.S. BANK, N.A., as successor Trustee to Wachovia Bank, N.A., as Trustee for Chase Funding Loan Acquisition Trust (Chase CFLAT 2004-AQ1), by and through Chase Home Finance, LLC as servicer, Plaintiff, v. The NORTHERN TRUST COMPANY and Kanabec State Bank, Defendants.

United States District Court, D. Minnesota.

June 22, 2011.

Attorney(s) appearing for the Case

Monica L. Davies, Esq., Curtis D. Ripley, Esq., Edwin H. Caldie III, Esq., Jennifer L. Kopischke, Esq. and Leonard, Street and Deinard, PA, Minneapolis, MN, for Plaintiff.

Brooks F. Poley, Esq., Brent A. Lorentz, Esq. and Winthrop & Weinstine, PA, Minneapolis, MN, for Northern Trust.

Stephanie A. Ball, Esq. and Fryberger, Buchanan, Smith & Frederick, PA, Duluth, MN, for Kanabec State Bank.

ORDER

DAVID S. DOTY, District Judge.

This matter is before the court upon the amended motion to dismiss by defendant The Northern Trust Company (Northern Trust). Based on a review of the file, record and proceedings herein, and for the following reasons, the court denies the motion.

BACKGROUND

This insurance-proceeds dispute arises out of a mortgage loan obtained by nonparties Shayne and Elisabeth Dalbec in 2004 for real property located...

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