FOXBORO CO. v. ARABIAN AMERICAN OIL CO.

Nos. 86-1521 to 86-1523.

805 F.2d 34 (1986)

The FOXBORO COMPANY, Plaintiff, Appellee, v. ARABIAN AMERICAN OIL COMPANY, et al., Defendants, Appellees, Citibank International, Defendant, Appellant. The FOXBORO COMPANY, Plaintiff, Appellee, v. ARABIAN AMERICAN OIL COMPANY, et al., Defendants, Appellees, Saudi American Bank, Defendant, Appellant. The FOXBORO COMPANY, Plaintiff, Appellee, v. ARABIAN AMERICAN OIL COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 13, 1986.


Attorney(s) appearing for the Case

Douglas H. Meal with whom John M. Harrington, Jr., Paul J. O'Donnell and Ropes & Gray, Boston, Mass., were on brief, for defendant, appellant Arabian American Oil Co.

William Van Orden Gnichtel with whom Richard F. Lawler, Richard F. Markert and Whitman & Ransom, New York City, were on brief, for defendant, appellant Saudi American Bank.

Francis H. Fox with whom Richard L. Burpee, Robin R. Patrick and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendant, appellant Citibank Intern.

Robert K. Sheridan, Boston, Mass., Executive Vice President, on brief, for Mass. Bankers Ass'n, Inc., amicus curiae.

John L. Warden, H. Rodgin Cohen, Michael Straus, Melanie L. Cyganowski and Sullivan & Cromwell, New York City, on brief, for The New York Clearing House Ass'n, amicus curiae.

Terrance W. Schwab, Sarah L. Reid, James T. Tynion, III and Kelley Drye & Warren, New York City, on brief, for The Council on Intern. Banking, Inc., amicus curiae.

Henry Harfield, Elsie A. Crum and Shearman & Sterling, New York City, on brief for The Bankers' Ass'n, for Foreign Trade, amicus curiae.

Anthony M. Feeherry with whom Sally A. VanderWeele, Barbara Gruenthal and Goodwin, Procter & Hoar, Boston, Mass. were on brief, for plaintiff, appellee The Foxboro Co.

Before BOWNES and TORRUELLA, Circuit Judges, and CARTER, District Judge.


TORRUELLA, Circuit Judge.

This appeal concerns the propriety of a preliminary injunction to prevent the honoring of an international letter of credit. Because plaintiff has failed to demonstrate irreparable harm, we reverse the district court and vacate the preliminary injunction. See Planned Parenthood League of Mass. v. Bellotti, 641 F.2d 1006 (1st Cir.1981).

I. The Contract and Letter of Credit

In...

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