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NEWPORT INDUSTRIES v. BERLINER UND FRANKFURTER BANK

No. 95 Civ. 9153(LAK).

923 F.Supp. 31 (1996)

NEWPORT INDUSTRIES NORTH AMERICA, INC., Plaintiff, v. BERLINER HANDELS UND FRANKFURTER BANK A/K/A BHF-Bank, Defendant.

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

April 9, 1996.

Attorney(s) appearing for the Case

Stuart B. Pollack, Brooklyn, NY, for Plaintiff.

Eric J. Wallach and Daniel A. Ladow, Rosenman & Colin L.L.P., New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff Newport Industries North America, Inc. ("Newport") sought to arrange a back-to-back purchase and sale of a large quantity of sugar. It structured the transaction so as to keep the buyer and the seller unaware of their respective identities lest they cut Newport out of the deal. Both the buyer and the seller put up earnest money and sought the same from...

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