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Wilson v. Dantas

United States Court of Appeals, Second Circuit

March 6, 2014

ROBERT E. WILSON, III, Plaintiff-Appellant,
v.
DANIEL VALENTE DANTAS, OPPORTUNITY EQUITY PARTNERS, LTD., FORMERLY KNOWN AS CVC/OPPORTUNITY EQUITY PARTNERS, LTD., OPPORTUNITY INVEST II, INC., CITIBANK, N.A., INTERNATIONAL EQUITY INVESTMENTS, INC., CITIGROUP VENTURE CAPITAL INTERNATIONAL BRASIL, L.L.C., CITIGROUP VENTURE CAPITAL INTERNATIONAL BRASIL, L.P., Defendants-Appellees

Argued December 12, 2013

As corrected June 9, 2014.

Page 531

[Copyrighted Material Omitted]

Page 532

Appeal from the United States District Court for the Southern District of New York. No. 12 CV 3238 -- George B. Daniels, Judge.

Plaintiff-appellant Robert E. Wilson, III appeals from the January 7, 2013 judgment of the District Court for the Southern District of New York (George B. Daniels, Judge) granting the motion to dismiss of defendant-appellee Citibank, N.A., and all related Citibank entities for failure to state a claim upon which relief can be granted. The complaint alleges that the Citibank defendants engaged in tortious conduct and breached contractual obligations owed to Wilson, resulting in his failure to receive compensation purportedly owed to him in connection with private equity investments in Brazil.

We hold that the District Court had jurisdiction to hear the case under the Edge Act, 12 U.S.C. § 632, because Wilson's claims arose out of a foreign financial operation, and that it properly dismissed Wilson's claims against the Citibank defendants pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Accordingly, we AFFIRM the judgment of the District Court.

TERRANCE G. REED, Lankford & Reed, PLLC, Alexandria, VA (Peter F. Langrock, Devin McLaughlin, Langrock, Sperry & Wool, LLP, Middlebury, VT; Martin F. Gusy, Gusy Van der Zandt LLP, New York, NY, on the brief), for Robert E. Wilson, III.

Philip C. Korologos, Boies, Schiller & Flexner LLP, New York, NY, for Daniel Valente Dantas, Opportunity Equity Partners, Ltd., Opportunity Invest II, Inc.

CARMINE D. BOCCUZZI (Howard S. Zelbo, Anthony M. Shults, on the brief), Cleary Gottlieb Steen & Hamilton LLP, New York, NY, for Citibank, N.A., International Equity Investments, Inc., Citigroup Venture Capital International Brasil, LLC, Citigroup Venture Capital International Brasil, LP.

Before: CABRANES, HALL, and CHIN, Circuit Judges.

OPINION

Page 533

José A. Cabranes, Circuit Judge.

Plaintiff-appellant Robert E. Wilson, III appeals from the January 7, 2013 judgment of the District Court for the Southern District of New York (George B. Daniels, Judge ) granting the motion to dismiss of defendant-appellee Citibank, N.A. and all related Citibank entities (the " Citibank defendants" ) for failure to state a claim upon which relief can be granted. The complaint alleges that the Citibank defendants engaged in tortious conduct and breached contractual obligations owed to Wilson, ...


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