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SEMPIONE v. PROVIDENT BANK OF MARYLAND

No. 94-2276.

75 F.3d 951 (1996)

Banca Del SEMPIONE, Plaintiff-Appellant, v. PROVIDENT BANK OF MARYLAND, Defendant-Appellee, and Suriel Finance N.V., Defendant, Jeanne Farnan, Party in Interest. United States Council on International Banking, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 1996.

Attorney(s) appearing for the Case

ARGUED: Warren Lewis Dennis, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, for Appellant. James Meriweather Smith, Gebhardt & Smith, Baltimore, Maryland, for Appellee. ON BRIEF: Alec W. Farr, Thomas H. Brock, Proskauer, Rose, Goetz & Mendelsohn, Washington, DC, for Appellant. James T. Heidelbach, Gebhardt & Smith, Baltimore, Maryland, for Appellee. Richard A. Lash, Buonassissi, Henning, Campbell & Moffett, P.C., Fairfax, Virginia; William F. Connell, Connell & Taylor, New York, New York, for Amicus Curiae.

Before LUTTIG and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Senior Judge Butzner wrote the opinion, in which Judge Luttig and Judge Williams joined.

OPINION

BUTZNER, Senior Circuit Judge:

Banca del Sempione (BDS) appeals a summary judgment entered in favor of Provident Bank of Maryland in this diversity action. The controversy between the parties arises out of the terms of a letter of credit (LOC) that Provident issued. The district court held that BDS lacked standing...

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