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STERLING NAT. B. & T. CO. OF N. Y. v. FIDELITY MTG. INVEST.

No. 58, Docket 74-1432.

510 F.2d 870 (1975)

STERLING NATIONAL BANK AND TRUST CO. OF NEW YORK, Plaintiff-Appellee, v. FIDELITY MORTGAGE INVESTORS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 9, 1975.

Attorney(s) appearing for the Case

Harry Gurahian, New York City, for plaintiff-appellee.

Michael J. Murphy, New York City (Lord, Day & Lord, R. Scott Greathead, New York City, of counsel), for defendant-appellant.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

MOORE, Circuit Judge:

This case is an action brought by plaintiff-appellee Sterling National Bank and Trust Co. of New York ("Sterling") against defendant-appellant Fidelity Mortgage Investors ("Fidelity") to recover on a $2,000,000 promissory note dated August 17, 1973 and payable on November 7, 1973. The suit was commenced in the New York Supreme Court but removed to federal court on diversity grounds. The appeal is from an opinion and judgment of the United States...

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