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MARINO INDUSTRIES v. CHASE MANHATTAN BANK, N.A.

Nos. 875, 879, Dockets 81-7706, 81-7726.

686 F.2d 112 (1982)

MARINO INDUSTRIES CORP., Plaintiff-Appellant, Cross-Appellee, v. The CHASE MANHATTAN BANK, N.A., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 11, 1982.

Attorney(s) appearing for the Case

Morris B. Abram, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, David Zwiebel and Gerald Zisholtz, New York City, of counsel), for plaintiff-appellant, cross-appellee Marino Industries Corp.

Laura Effel, New York City (Andrew S. O'Connor, New York City, of counsel), for defendant-appellee, cross-appellant Chase Manhattan Bank, N.A.

Before LUMBARD, Senior Circuit Judge, OAKES, Circuit Judge, and FRIEDMAN, Chief Judge, United States Court of Claims.

FRIEDMAN, Chief Judge, United States Court of Claims:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York entered upon the opinion of United States Magistrate John L. Caden dismissing, after trial, a suit seeking recovery under two letters of credit that the defendant, Chase Manhattan Bank ("Chase"), issued to the plaintiff, Marino Industries Corp. ("Marino"). The magistrate...

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