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UNITED BRANDS CO. v. INTERMEDIATE CREDIT CORP.

No. 75 Civ. 6034 (HFW).

426 F.Supp. 856 (1977)

UNITED BRANDS COMPANY, Plaintiff, v. INTERMEDIATE CREDIT CORPORATION and Metals Holding Corporation, Defendants.

United States District Court, S. D. New York.

January 10, 1977.

Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff, New York City by Donald I. Strauber, Richard J. Ney, Paul J. Ostling, New York City, of counsel, for plaintiff.

Satterlee & Stephens, New York City by Henry J. Formon, Jr., John T. Schmidt, New York City, for Intermediate Credit Corp.

OPINION

WERKER, District Judge.

This action arises out of an agreement which renegotiated the terms of a defaulted debt instrument. Plaintiff United Brands Company ("United"), as a creditor of defendant Metals Holding Corporation ("Metals"), has made a motion under Rule 56 of the Federal Rules of Civil Procedure for summary judgment against co-defendant Intermediate Credit Corporation ("Intermediate"), which it seeks to hold liable as Metals' guarantor....

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