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EQUIMARK COMM. FIN. CO. v. C.I.T. FIN. SERV. CORP.

No. 86-3478.

812 F.2d 141 (1987)

EQUIMARK COMMERCIAL FINANCE COMPANY, Appellant, v. C.I.T. FINANCIAL SERVICES CORPORATION (Formerly Universal C.I.T. Credit Corporation).

United States Court of Appeals, Third Circuit.

Decided March 2, 1987.

Attorney(s) appearing for the Case

Jerome M. Libenson (argued), Mark L. Glosser, Mary Anne McKeen, Lampl, Sable, Makoroff & Libenson, Pittsburgh, Pa., for appellant.

George M. Cheever (argued), David M. Aceto, Kirkpatrick & Lockhart, Pittsburgh, Pa., for appellee.

Before GIBBONS, SLOVITER, Circuit Judges, and SCIRICA, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this action Equimark Commercial Finance Company (Equimark) seeks to recover a portion of a security account held by C.I.T. Financial Services Corporation (C.I.T.) established under a contract between C.I.T. and Equimark's assignor, United Dealers Corporation (United). The district court gave summary judgment for C.I.T., holding that there was no genuine issue of fact that C.I.T. was entitled to retain the...

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