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RETIREMENT BD. v. BANK OF NEW YORK MELLON

No. 11 Civ. 5459 (WHP).

914 F.Supp.2d 422 (2012)

RETIREMENT BOARD OF the POLICEMEN'S ANNUITY AND BENEFIT FUND OF the CITY OF CHICAGO, et al., Plaintiffs, v. The BANK OF NEW YORK MELLON, Defendant.

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

April 3, 2012.

Attorney(s) appearing for the Case

Max R. Schwartz, Esq., Beth A. Kaswan, Esq., Joseph P. Guglielmo, Esq., Scott & Scott, LLC, New York, NY, for Plaintiffs.

Matthew D. Ingber, Esq., Mayer Brown LLP, New York, NY, for Defendant.

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, District Judge.

Plaintiffs—suing individually, on behalf of a putative class, and derivatively—own mortgage-backed securities issued by trusts for which Defendant, The Bank of New York Mellon ("BNYM"), serves as trustee. They allege that BNYM violated several provisions of the Trust Indenture Act of 1939, 15 U.S.C. § 77aaa, et seq. (the "TIA"), and breached its contractual and...

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