PING HE (HAI NAM) CO. v. NONFERROUS METALS

Nos. 94 CIV. 4105(SS), 94 Civ. 6161(SS).

22 F.Supp.2d 94 (1998)

PING HE (HAI NAM) COMPANY LIMITED, an alien corporation, Plaintiff, v. NONFERROUS METALS (U.S.A.) INC., a New York corporation, Defendant. NONFERROUS METALS (U.S.A.) INC., a New York corporation, Plaintiff, v. AGRICULTURAL BANK OF CHINA, an alien corporation, Defendant.

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

September 10, 1998.


Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle, Samuel Rosenthal, Eliot Lauer, New York, for Plaintiff Ping He (Hai Nam), Company Limited and Agricultural Bank of China.

Tang & Associates, P.C., Weihua Tang, New York, for Defendant NonFerrous Metals (U.S.A.) Inc.


MEMORANDUM ORDER AND OPINION

SOTOMAYOR, District Judge.

The two instant actions arise from a dispute between plaintiff Ping He (Hai Nam) Company Limited ("Ping He") and defendant NonFerrous Metals (U.S.A.) Inc. ("NFM") over a commodity futures trading account opened by Ping He with NFM in 1993. Ping He moves for summary judgment pursuant to Fed.R.Civ.P. 56, seeking the return of $350,000 it deposited into the account, on the grounds that NFM defrauded...

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