No. 91-5150.

966 F.2d 1348 (1992)

CENTRIFUGAL CASTING MACHINE CO., INC., Plaintiff-Appellee, v. AMERICAN BANK & TRUST CO., and Banca Nazionale del Lavoro, Defendant-Appellee, and Republic of Iraq, State Machinery Trading Company, Baghdad, Iraq, Central Bank of Iraq, and Bank of Rafidain, Defendants, United States of America, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

June 11, 1992.

Attorney(s) appearing for the Case

Douglas Letter, Appellate Litigation Counsel, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Tony M. Graham, U.S. Atty., Tulsa, Okl., William Hoffman and Susan Klavens Hutner, Office of Foreign Assets Control, U.S. Dep't of the Treasury, Washington, D.C., with him on the briefs), for intervenor-appellant.

Richard A. Schneider, of King & Spalding, Atlanta, Ga., and Terry L. Weber, of Lasorsa, Weber & Miles, P.C., Tulsa, Okl., (Paul E. Swain, III, of Boone, Smith, Davis, Hurst & Dickman, and Rodney A. Edwards and Robert S. Erickson, of Jones, Givens, Gotcher & Bogan, P.C., Tulsa, Okl., with them on the brief), for Centrifugal Casting Mach. Co., Inc., American Bank & Trust Co., and Banca Nazionale Del Lavoro, plaintiff-appellee.

Before SEYMOUR and BARRETT, Circuit Judges, and HUNTER, Senior District Judge.

SEYMOUR, Circuit Judge.

The United States appeals from the judgment entered in one of two consolidated diversity actions involving a letter of credit and a standby letter of credit. The letters were issued in connection with a contract between plaintiff-appellee Centrifugal Casting Machine (CCM) and State Machinery Trading Company (SMTC), an agency of the Iraqi government, under which CCM was to provide cast ductile iron pipe plant equipment to SMTC for a total contract...

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