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INDASU INTERN., C.A. v. CITIBANK, N.A.

No. 1342, Docket 88-7249.

861 F.2d 375 (1988)

INDASU INTERNATIONAL, C.A., Plaintiff-Appellee, v. CITIBANK, N.A., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Donald J. Kennedy, New York City (John M. Toriello, Alan Heblack, Haight, Gardner, Poor & Havens, New York City, of counsel), for plaintiff-appellee.

Charles A. Crocco, Jr., New York City (Andrew P. Saulitis, Lawrence B. Brennan, Lunney & Crocco, New York City, of counsel), for defendant-appellant.

Before WINTER and MINER, Circuit Judges, and BILLINGS, District Judge.

MINER, Circuit Judge:

Plaintiff-appellee Indasu International, C.A. ("Indasu") commenced this diversity action in the United States District Court for the Southern District of New York (Broderick, J.) against Citibank, N.A. ("Citibank") claiming the face amount of a Carta de Garantia ("Guarantee"). The Guarantee was issued by Citibank as guarantor in favor of Indasu to ensure that Corporacion Estatal Petrolera Ecuatoriano ("CEPE") would enter into and perform a contract...

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