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DTND SIERRA INVESTMENTS v. BANK OF NY MELLON TRUST

Civil Action No. SA-12-CV-1014-XR.

958 F.Supp.2d 738 (2013)

DTND SIERRA INVESTMENTS LLC, Plaintiff, v. The BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Defendant.

United States District Court, W.D. Texas, San Antonio Division.

July 26, 2013.

Attorney(s) appearing for the Case

Brian J. Trenz, David P. Schafer, Ronnie Terry Funari, Law Offices of David Schafer PLLC, San Antonio, TX, for Plaintiff.

Graham Webster Gerhardt, Grant A. Premo, Keith S. Anderson, Bradley Arant Boult Cummings, LLP, Birmingham, AL, for Defendant.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this day the Court considered Defendant Bank of New York Mellon Trust Company National Association's ("BONY") motion to dismiss (Doc. No. 11). For the following reasons, the Court GRANTS the motion.

I.

A. Factual Background1

On or about April 4, 2003, Lee and Patricia Huntley executed a promissory note (the "Note") to procure a loan for the purchase...

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