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INTERPHARM, INC. v. WELLS FARGO BANK, NATIONAL ASSOCIATION

Docket No. 10-1801-cv.

655 F.3d 136 (2011)

INTERPHARM, INC., Plaintiff-Appellant, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 26, 2011.

Attorney(s) appearing for the Case

Michael Dockterman , Wildman, Harrold, Allen & Dixon LLP, Chicago, IL ( Alan D. Halperin , Neal W. Cohen , Halperin Battaglia Raicht, LLP, New York, NY, and John E. Frey , Wildman, Harrold, Allen & Dixon LLP, Chicago, IL, on the brief), for Plaintiff-Appellant.

Jeffrey A. Wurst ( Robert F. Regan , on the brief), Ruskin Moscou Faltischek, P.C., Uniondale, NY, for Defendant-Appellee.

Before: JACOBS, Chief Judge, LEVAL, RAGGI, Circuit Judges.

REENA RAGGI, Circuit Judge:

This action for breach of contract and related tort claims has its origin in a February 9, 2006 Credit and Security Agreement ("Credit Agreement"), wherein defendant Wells Fargo Bank, N.A. agreed inter alia to provide plaintiff Interpharm, Inc. with a revolving line of credit. Interpharm now appeals from a judgment of dismissal entered on May 6, 2010, in the United States District Court for the Southern District of New York (Richard...

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