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HERITAGE BANK v. REDCOM LABORATORIES, INC.

No. 00-10835.

250 F.3d 319 (2001)

HERITAGE BANK, Formerly Known as Brazos Bank, N.A., Plaintiff-Counter Defendant-Appellant, v. REDCOM LABORATORIES, INC., et al., Defendants, Redcom Laboratories, Inc., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 2001.

Attorney(s) appearing for the Case

David A. Miller, Miller & Lehman, Palmer, TX, David A. MacDonald (argued), Miller & Lehman, Dallas, TX, for Plaintiff-Counter Defendant-Appellant.

Diane Kay Lettelleir (argued), W. Mike Baggett, Winstead, Sechrest & Minick, Dallas, TX, for Defendant-Counter Claimant-Appellee.

Before REAVLEY, SMITH, and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Heritage Bank issued a letter of credit to Fiber Wave Telecom, Inc. ("Fiber Wave"), which used it to purchase electronics from Redcom Laboratories, Inc. ("Redcom"), which delivered the goods and made presentment to the bank for payment. Fiber Wave believed the goods defective and successfully petitioned a Texas court to enjoin the bank from honoring Redcom's presentment.1 Redcom made another demand on the...

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