ROMAN CERAMICS CORP. v. PEOPLES NAT. BANK

No. 82-3200.

714 F.2d 1207 (1983)

ROMAN CERAMICS CORPORATION, Appellant, v. PEOPLES NATIONAL BANK, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 8, 1983.

Rehearing Denied September 2, 1983.


Attorney(s) appearing for the Case

Michael M. Baylson, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant.

George E. Christianson, Christianson & Meyer, Lebanon, Pa., for appellee.

Before ADAMS and GARTH, Circuit Judges, and GERRY, District Judge.


Submitted Under Third Circuit Rule 12(6) on October 29, 1982.

OPINION OF THE COURT

GARTH, Circuit Judge.

I.

The issue presented by this case is whether, under 12A P.S. § 5-114(2)(b), a bank may refuse to honor a draft on a letter of credit, when a condition of the letter of credit is that invoices be submitted and certified as unpaid, and when the bank has been given notice that invoices submitted with the draft have in fact, contrary...

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