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DULIEN STEEL PRODUCTS, INC. OF WASH. v. BANKERS TRUST CO.

189 F.Supp. 922 (1960)

DULIEN STEEL PRODUCTS, INC., OF WASHINGTON, Plaintiff, v. BANKERS TRUST COMPANY, Defendant.

United States District Court S. D. New York.

December 19, 1960.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff. Ira M. Millstein, New York City, Michael A. Schuchat, Washington, D. C., Marshall C. Berger, New York City, Geiger, Harmel & Schuchat, Washington, D. C., of counsel.

White & Case, New York City, for defendant. Orison S. Marden, Macdonald Flinn, George P. Vlassis, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

This action concerns a letter of credit in the sum of $60,500 in favor of one Richard Sica which was opened for the account of plaintiff Dulien Steel Products, Inc. by Seattle-First National Bank and confirmed by defendant Bankers Trust Company. Bankers paid the face amount of the letter to the beneficiary Sica. Dulien seeks to recover from Bankers the amount so paid.

The complaint alleges two claims. The first is...

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