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CONSARC CORP. v. MARINE MIDLAND BANK, N.A.

No. 649, Docket 92-7821.

996 F.2d 568 (1993)

CONSARC CORPORATION, Plaintiff-Appellant, v. MARINE MIDLAND BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Michael R. McGee, Buffalo, NY (F. Brendan Burke, Jr., James P. Giambrone, Jr., McGee & Gelman, Buffalo, NY, of counsel), for plaintiff-appellant.

Kenneth Payment, Rochester, NY (A. Paul Britton, Harter, Secrest & Emery, Rochester, NY, of counsel), for defendant-appellee.

Before FEINBERG, CARDAMONE and PRATT, Circuit Judges.

CARDAMONE, Circuit Judge:

Consarc Corporation, a New Jersey corporation with its principal office in Rancocas, New Jersey, sued Marine Midland Bank (Marine or bank), a national bank with its principal office at Buffalo, New York, in the United States District Court for the Western District of New York (Curtin, J.) for an alleged breach of contract. The district court granted summary judgment to Marine finding no binding contract between it and Consarc.

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