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SCHERING-PLOUGH HEALTHCARE PROD. v. NBD BANK, N.A.

No. 95-1781.

98 F.3d 904 (1996)

SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC., Plaintiff-Appellant, v. NBD BANK, N.A., n/k/a NBD Bank, and NBD Bank Dearborn, N.A., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

Brian D. Figot, Troy, MI (argued and briefed), for Plaintiff-Appellant.

Henry J. Shymanski, NBD Bank, Detroit, MI (argued and briefed), for Defendants-Appellees.

Before: KENNEDY and NORRIS; Circuit Judges; MATIA, District Judge.

KENNEDY, J., delivered the opinion of the court, in which NORRIS, J., joined. MATIA, J. (pp. 913-19), delivered a separate dissenting opinion.

KENNEDY, Circuit Judge.

Plaintiff Schering-Plough Healthcare Products, Inc., ("Schering-Plough") appeals from an order of summary judgment for defendants, NBD Bank ("NBD") and NBD Bank Dearborn ("NBD-Dearborn"), in this breach of contract action. Plaintiff argues that the District Court erred when it: (1) interpreted...

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