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MENARD, INC. v. KING DE SON, CO., LTD.

No. C6-90-1588.

467 N.W.2d 34 (1991)

MENARD, INC., Appellant, and First Commercial Bank of Taipei, Taiwan, Intervenor, Respondent, v. KING DE SON, CO., LTD., Respondent, Value Valley Corporation, Defendant, Burlington Northern Intermoda, Respondent. NATIONAL CITY BANK OF MINNEAPOLIS, Respondent, and First Commercial Bank of Taipei, Taiwan, Intervenor, Respondent, v. MENARD, INC., Appellant.

Court of Appeals of Minnesota.

March 5, 1991.

Attorney(s) appearing for the Case

Steven K. Champlin, Michael J. Wahoske, Susan S. Byers, Dorsey & Whitney, Minneapolis, David T. Coriden, Menard, Inc., Eau Claire, Wis., for Menard, Inc.

Laura J. Hanson, James F. Roegee, Meagher & Geer, Minneapolis, for First Commercial Bank of Taipei, Taiwan.

Quentin R. Wittrock, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, for King De Son, Co., Ltd.

J. Anthony DeRungs, Thomas W. Spence Law Office, St. Paul, for Burlington Northern Intermoda.

Thomas A. Keller, III, Kevin M. Busch, O'Connor & Hannan, Minneapolis, for Nat. City Bank of Minneapolis.

Considered and decided by FOLEY, P.J., HUSPENI and FORSBERG, JJ.

OPINION

FOLEY, Judge.

Appellant Menard, Inc. contends there are genuine issues of material fact whether respondent First Commercial Bank of Taipei, Taiwan is a holder in due course of letters of credit issued by respondent National City Bank of Minneapolis on behalf of Menard with respondent King De Son, Co., Ltd. of Taipei, Taiwan as the beneficiary. The trial court granted summary judgment for First Commercial and dissolved an injunction against payment...

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