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CITIBANK, N.A. v. TELE/RESOURCES, INC.

Cal. No. 29, Docket 83-5011.

724 F.2d 266 (1983)

CITIBANK, N.A., Plaintiff-Appellee, v. TELE/RESOURCES, INC., Defendant, and Newmarket Company Limited, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 6, 1983.

Attorney(s) appearing for the Case

Mark D. Lebow, New York City (Coudert Brothers, Carlos E. Mendez-Penate, New York City, of counsel), for defendant-appellant.

Louise Sommers, New York City (Rogers & Wells, Joseph H. Levie, New York City of counsel), for plaintiff-appellee.

Before FRIENDLY, VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The basic issue in this case is whether a party to a written contract, who orally assigns or subordinates his rights thereunder to a third person, can avoid the third-party transaction on the ground that a clause in the contract prohibits any modifications thereof that are not in writing and signed by the party who made the assignment or subordination. Because the judgment on appeal is based on the erroneous premise that the assignment...

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