Bank of America N.A. v. Concord Real Estate , et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BANK OF AMERICA N.A., as ) Trustee under the Indenture Agreement, ) No. 350, 2010 ) Defendant Below, ) Court Below: Court of Chancery Appellant, ) of the State of Delaware ) v. ) C.A. No. 5219 ) CONCORD REAL ESTATE CDO ) 2006-1, LTD and CONCORD REAL ) ESTATE CDO 2006-1, LLC, ) ) Plaintiffs Below, ) Appellees. ) Submitted: March 2, 2011 Decided: March 3, 2011 BEFORE STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc. ORDER This 3rd day of March 2011, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of the Court of Chancery should be affirmed on the basis of and for the reasons set forth in its decision dated May 14, 2010. NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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