Plaintiff has failed to support its allegation of fraud in the transaction underlying issuance of the subject letter of credit. The record does not demonstrate that defendant Equatorial Tonopah fabricated defects in the mine simply to justify the drawing down of the letter of credit. Indeed, plaintiff's own experts had issued reports detailing the mine's defects months before the attempted draw down. Further, inasmuch as it is undisputed that the mine was built and operational...
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