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SHARP ELECTRONICS v. DEUTSCHE FINANCIAL SERVICES

No. 99-1555.

216 F.3d 388 (2000)

SHARP ELECTRONICS CORPORATION, Plaintiff-Appellee, v. DEUTSCHE FINANCIAL SERVICES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2000.

Attorney(s) appearing for the Case

ARGUED: Peter Neil Wang, Friedman, Wang & Bleiberg, P.C., New York, New York, for Appellant. Anthony Linn Meagher, Piper & Marbury, L.L.P., Baltimore, Maryland, for Appellee. ON BRIEF: Timothy F. McCormack, David E. Ralph, E. Benjamin Alliker, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, L.L.C., Baltimore, Maryland, for Appellant. Henry R. Lord, Brett Ingerman, Piper & Marbury, L.L.P., Baltimore, Maryland, for Appellee.

Before NIEMEYER, Circuit Judge, MINER, Senior Circuit Judge of the United States Court of Appeals for the Second Circuit, sitting by designation, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge MINER and Judge GOODWIN joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question under Illinois law of whether a finance company may unilaterally modify the terms of a standing floorplan financing agreement before it agrees to finance a given transaction. Because we hold that the floorplan financing agreement in this case was a unilateral...

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