JPMorgan Chase Bank, N.A. v. Safeco Insurance Company of America
Filing 133
Amended Memorandum of Opinion and Order. The Court finds that Bank One has failed to satisfy its burden of demonstrating, by clear and convincing evidence, that the Guardian Entities (and/or Bank One) were intended to be the obligees on the S afeco Lease Bonds. The Court determines, rather, that CMC was the intended original obligee, and that the Guardian Entities (and later, Bank One) succeeded to the rights of CMC by virtue of various assignment transactions. Accordingly, Bank One is not entitled to reformation of the Lease Bonds. (Related doc #'s 132 , 131 .) This Opinion is hereby certified for interlocutory appeal pursuant to 28 U.S.C. 1292(b). Judge Kathleen M. O'Malley on 9/14/2011. (H,CM)
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