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NAT. BANK OF CANADA v. ARTEX INDUSTRIES, INC.

No. 85 Civ. 1499 (LLS).

627 F.Supp. 610 (1986)

NATIONAL BANK OF CANADA, Plaintiff, v. ARTEX INDUSTRIES, INC., Defendant. ARTEX INDUSTRIES, INC., Third-Party Plaintiff, v. SEAPORT MARKETPLACE, INC., Third-Party Defendant.

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

January 29, 1986.

Attorney(s) appearing for the Case

Drinker, Biddle & Reath, New York City (J. Portis Hicks and Gregg J. Borri, of counsel), for plaintiff.

Harold M. Cohen, Maplewood, N.J., for defendant and third-party plaintiff Artex Industries, Inc.

Kelley, Drye & Warren, New York City (Jeffrey Amerman, of counsel), for third-party defendant Seaport Marketplace, Inc.

OPINION AND ORDER

STANTON, District Judge.

Plaintiff National Bank of Canada ("NBC") sues Artex Industries, Inc. ("Artex") for $79,600 which NBC paid on Artex's behalf to a supplier of granite, and then by mistake credited back to Artex. As appears below, there is no material factual dispute about this claim, and NBC is entitled to summary judgment in its favor.

Defendant Artex has impleaded Seaport Marketplace, Inc. ("Seaport"),

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