SCARSDALE NAT. BANK & TRUST v. TORONTO-DOMINION BANK

No. 80 Civ. 2894.

533 F.Supp. 378 (1982)

SCARSDALE NATIONAL BANK AND TRUST COMPANY, Plaintiff, v. The TORONTO-DOMINION BANK, Defendant. The TORONTO-DOMINION BANK, Defendant and Interpleading Plaintiff, v. GRAPHIC CENTRE (ONTARIO) INC., Interpleaded Defendant. GRAPHIC CENTRE (ONTARIO) INC., Interpleaded Defendant and Third-Party Plaintiff, v. Martin C. LICHT, Esq., and Murray M. Loecher, Esq., individually and as partners formerly doing business under the name of Loecher & Licht; Martin C. Licht, Esq., Robert S. Feigen, Esq., Howard A. Drucker, Esq., and Murray M. Loecher, Esq., individually and as partners doing business under the name of Feigen, Drucker, Loecher & Licht; Web Equipment Sales Inc., and Michael B. Goldman, Third-Party Defendants.

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

February 24, 1982.


Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiff, Scarsdale Bank and Trust Co.; John F. Pritchard, Robin L. Spear, New York City, of counsel.

White & Case, New York City, for interpleaded defendant and third-party plaintiff, Graphic Centre, Inc.; Paul Bschorr, Margaret Murphy, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for third-party defendants, Martin C. Licht, Esq., et al.; W. Hurbert Plummer, William J. Foster, New York City, of counsel.

Avstreih, Martino & Weiss, Mount Vernon, N. Y., for third-party defendant, Michael B. Goldman; Leonard A. Weiss, Mount Vernon, of counsel.


OPINION

CONNER, District Judge:

This action to recover payments under a letter of credit, which was tried by the Court without a jury,1 is the result of a business deal gone awry. Jurisdiction is based upon diversity of citizenship, 28 U.S.C. § 1332. This Opinion incorporates the Court's findings of fact and conclusions of law pursuant to Rule 52, F.R.Civ.P.

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