NORTHERN TRUST CO. v. COMMUNITY BANK

No. 88-5767.

873 F.2d 227 (1989)

The NORTHERN TRUST COMPANY, Plaintiff-Appellee, v. COMMUNITY BANK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1989.


Attorney(s) appearing for the Case

Holly J. Fujie, Rosen, Wachtell & Gilbert, Los Angeles, Cal., for defendant-appellant.

Robert M. Westberg, Pillsbury Madison & Sutro, Los Angeles, Cal., Joseph A. Hearst, Pillsbury Madison & Sutro, San Francisco, Cal., for plaintiff-appellee.

Andrew J. Valentine, Asst. Gen. Counsel, The Northern Trust Co., Chicago, Ill., of counsel.

Before SCHROEDER, FLETCHER and TROTT, Circuit Judges.


SCHROEDER, Circuit Judge:

The plaintiff in this action is the beneficiary of a letter of credit issued by West Coast Bank, a bank which was put into FDIC receivership before the expiration of the letter of credit. After the FDIC refused to honor West Coast Bank's obligations on the letter, the plaintiff filed this action against the bank that had confirmed the letter of credit, defendant Community Bank.

A question of first impression in this case arises under...

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