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

No. 69, Docket 26831.

298 F.2d 836 (1962)

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

United States Court of Appeals Second Circuit.

Decided January 19, 1962.

Attorney(s) appearing for the Case

Ira M. Millstein, New York City (Weil, Gotshal & Manges, New York City, on the brief, Michael A. Schuchat, Washington, D. C., Marshall C. Berger, New York City, and Geiger, Harmel & Schuchat, Washington, D. C., of counsel), for plaintiff-appellant.

Orison S. Marden, New York City (White & Case, New York City, on the brief, William D. Conwell, George P. Vlassis, New York City, of counsel), for defendant-appellee.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

Plaintiff appeals from a judgment of the United States District Court for the Southern District of New York, Bryan, J., denying plaintiff's motion for summary judgment and granting defendant's cross-motion for summary judgment. This action arises out of the payment by defendant, Bankers Trust Company (Bankers), of the face value of a letter of credit in the amount of $60,500 to the named beneficiary, Richard Sica (Sica), designated by plaintiff...

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