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TRI-EX ENTERPRISES v. MORGAN GUAR. TRUST

No. 80 Civ. 3856 (WCC).

586 F.Supp. 930 (1984)

TRI-EX ENTERPRISES, INC., Plaintiff, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Federal Republic of Nigeria, and Central Bank of Nigeria, Defendants, and Alan London and Lime International Corporation, Third-Party Defendants.

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

June 21, 1984.

Attorney(s) appearing for the Case

Breed, Stairs & Berger, New York City, for plaintiff; Andrew Berger, Arie Bucheister, New York City, of counsel.

Halley & Chalos, New York City, for defendants Federal Republic of Nigeria and Central Bank of Nigeria; Michael G. Chalos, Robert J. Brown, Peter Skoufalos, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for third-party defendants; Terry L. Stoltz, Alfred E. Yudes, Jr., New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge.

The instant action arises out of the overly-ambitious program of cement purchases pursued by the Federal Republic of Nigeria ("Nigeria") during 1974 and 1975. Plaintiff Tri-Ex Enterprises, Inc. ("Tri-Ex") alleges that its contract to supply cement was breached by defendants Nigeria, Central Bank of Nigeria ("CBN"), and Morgan Guaranty Trust Company of New York ("Morgan...

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