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BANK OF AMERICA v. ENVASES VENEZOLANOS, S.A.

No. 89 Civ. 6186 (PKL).

740 F.Supp. 260 (1990)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Plaintiff, v. ENVASES VENEZOLANOS, S.A., Distribudora Envensa, S.A., Envases Metalicos, S.A., Envases Metalicos De Oriente, C.A., Dixie Cup De Venezuela, C.A., Vasos Venezolanos, C.A., Envases Argua, S.A., Representaciones Envensa S.A., Vidrios Domesticos, S.A., Envases Venezolanos Del Zulia, C.A., Defendants.

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

June 23, 1990.

Attorney(s) appearing for the Case

Zeichner Ellman & Krause, New York City (Michael T. Sullivan, of counsel), for plaintiff.

Whitman & Ransom, Greenwich, Conn. (Mark R. Carta, Scott R. Lucas, of counsel), for defendants.

OPINION AND ORDER

LEISURE, District Judge.

This is a diversity breach of contract action, with jurisdiction alternatively based on 12 U.S.C. § 632. Plaintiff Bank of America National Trust and Savings Association ("Bank of America") is suing to recover over $3 million plus interest and costs allegedly due and owing from defendants under a loan restructuring agreement dated September 15, 1988 (the "Restructuring Agreement"). Plaintiff contends that defendants...

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