SECURITIES AND EXCHANGE COMMISSION v. BYERS

No. 08 Civ. 7104 (DC).

SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. STEVEN BYERS et al., Defendants.

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

December 22, 2014.


Attorney(s) appearing for the Case

FRESHFIELDS BRUCKHAUS DERINGER US LLP Jonathan W. Ware, Esq. Tyler S. Clarkson, Esq., Washington, D.C., Attorneys for Receiver Timothy J. Coleman

BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. John H. Rowland, Esq., Jaime DeRensis, Esq., Nashville, Tennessee, and DILWORTH PAXSON, LLP, Keith N. Costa, New York, New York, Attorneys for Regions Bank.


OPINION

DENNY CHIN, Circuit Judge.

In this securities fraud case, Regions Bank ("Regions") seeks turnover of "excess cash" generated by properties owned by Tennessee Office Holdings, LLC ("TOH") pursuant to the terms of an agreement executed by the court-appointed receiver Timothy J. Coleman (the "Receiver") and Regions on March 18, 2014. Additionally, Regions requests that the Receiver pay the amounts due for the 2013 property taxes...

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