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CORPORACION VENEZOLANA de FOMENTO v. VINTERO SALES

No. 76 Civ. 1671 (WCC).

452 F.Supp. 1108 (1978)

CORPORACION VENEZOLANA de FOMENTO, Plaintiff, v. VINTERO SALES CORPORATION, Vintero Corporation, the Merban Corp., Security Pacific International Bank, Vincent A. De Lyra, Robert J. Redmond and James E. Himoff, Defendants. CANADIAN IMPERIAL BANK OF COMMERCE, the Royal Bank of Canada International Limited, Banque Canadienne Nationale, Banque Provincial, LaSalle National Bank and American Security and Trust Company, Intervening Defendants, v. VENEZOLANA de CRUCEROS del CARIBE, C.A., Additional Defendant on the Counterclaim by Intervening Defendants, and Merban International, Incorporated, Additional Defendant on the Second Cross-Claim by Intervening Defendants.

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

April 14, 1978.

Attorney(s) appearing for the Case

Burns, Jackson, Miller, Summit & Jacoby, McHugh, Heckman, Smith & Leonard, New York City, for plaintiff; Jay H. Schafrann, Stuart G. Schwartz, Martin J. McHugh, New York City, of counsel.

Paskus, Gordon & Hyman, White & Case, New York City, for defendants, The Merban Corp., Robert J. Redmond and James E. Himoff; Robert R. Slaughter, David Hartfield, Jr., Allan L. Gropper, Patti R. Page, New York City, of counsel.

Baker & McKenzie, New York City, for intervening defendants, American Security Bank, N.A. (formerly American Security and Trust Company) and LaSalle National Bank; Lawrence W. Newman, New York City, of counsel.

Shearman & Sterling, New York City, for intervening defendants, Canadian Imperial Bank of Commerce, The Royal Bank of Canada International Limited, Banque Canadienne Nationale, Banque Provinciale; George J. Wade, Richard F. Russell, Francisca A. Sabadie, New York City, of counsel.

MEMORANDUM AND ORDER

CONNER, District Judge.

Plaintiff in this diversity action seeks a declaratory judgment that its guarantees of two multi-million dollar loans are null and void and rescission of the guarantees and of the underlying loan agreements. The party which financed the loans and several Canadian and American banks which purchased interests in the promissory notes issued in connection therewith assert that the loans are in default and have counterclaimed...

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