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PRO-FAB, INC. v. VIPA, INC.

No. 84-8782.

772 F.2d 847 (1985)

PRO-FAB, INC., Plaintiff-Appellant, v. VIPA, INC., and Community Bank, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 3, 1985.

Attorney(s) appearing for the Case

Charles J. Gearhiser, Chattanooga, Tenn., for plaintiff-appellant.

Paul T. Carroll, III, Walter J. Matthews, Rome, Ga., Russell F. Wolpert, Los Angeles, Cal., for defendants-appellees.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

VANCE, Circuit Judge:

Appellant Pro-Fab, Inc., of Rossville, Georgia, sued Vipa, Inc. and Community Bank because the bank, acting on instructions from Vipa, refused to pay on a letter of credit. The district court entered judgment for Pro-Fab and against Vipa under a settlement agreement, but granted the bank's motion for summary judgment against Pro-Fab.1 Pro-Fab appealed to this court from the adverse summary judgment.

I.

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