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BANCO di ROMA v. FIDELITY UNION TRUST CO.

Civ. A. No. 76-1820.

464 F.Supp. 817 (1979)

BANCO di ROMA, Plaintiff, v. FIDELITY UNION TRUST COMPANY, Defendant.

United States District Court, D. New Jersey.

February 8, 1979.

Attorney(s) appearing for the Case

Migdal, Tenney, Glass & Pollack, New York City, for plaintiff; Lawrence W. Pollack, New York City, of counsel.

Riker, Danzig, Scherer & Debevoise, Newark, N. J., for defendant; Gerald A. Liloia, of counsel; James S. Rothschild, Jr., and Michael L. Prigoff, Newark, N. J., on the brief.

OPINION

COOLAHAN, Senior District Judge.

This is an action by a bank, which issued an irrevocable letter of credit, against an advising bank. The parties have made cross-motions for summary judgment. Because we have determined that there is a genuine issue of material fact, these motions must be denied.

Plaintiff, Banco di Roma, seeks to recover $298,816.15 from defendant Fidelity Union Trust Company ("Fidelity") for Fidelity's improper payment of...

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