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CORPORACION DE MERCADEO AGRICOLA v. MELLON BANK

No. 986, Docket 79-7012.

608 F.2d 43 (1979)

CORPORACION DE MERCADEO AGRICOLA, Plaintiff-Appellant, v. MELLON BANK INTERNATIONAL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 2, 1979.

Attorney(s) appearing for the Case

Herman E. Cooper, New York City (Jonathan L. Sulds, New York City, of counsel), for plaintiff-appellant.

John E. Sprizzo, New York City (Curtis, Mallet-Prevost, Colt & Mosle, New York City, John F. Egan, Matias A. Vega, New York City, of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff Corporacion de Mercadeo Agricola [CMA] appeals from an order entered by Judge Leval in the Southern District of New York on December 7, 1978 and reported at 464 F.Supp. 88 (S.D.N.Y.1978) dismissing CMA's contract claim against Mellon Bank International [Mellon]. CMA alleged that Mellon unjustifiably refused to honor CMA's draft drawn under Mellon's letter of credit 5171. Mellon moved for summary...

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