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CINERAMA, INC. v. SWEET MUSIC, S.A.

No. 71 Civ. 1876.

355 F.Supp. 1113 (1972)

CINERAMA, INC., a New York corporation, Plaintiff, v. SWEET MUSIC, S.A., a Swiss corporation, and Union Bank of Switzerland, a Swiss corporation, Defendants.

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

September 18, 1972.

Attorney(s) appearing for the Case

Harry B. Swerdlow, Beverly Hills, Cal., Paul Ferber, Benjamin Rockmore, Seward & Kissell, New York City, for plaintiff.

Sullivan & Cromwell, New York City, for defendant Bank; John Dickey, John Timbers, New York City, of counsel.

Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, New York City, for defendant Sweet Music.

MEMORANDUM

TENNEY, District Judge.

Defendant Union Bank of Switzerland (hereinafter the "Bank") moves this Court for summary judgment pursuant to Fed.R.Civ.P. 56: (1) granting its counterclaim against plaintiff Cinerama, Inc. (hereinafter "Cinerama") to the extent of $1,825,000 plus interest and costs, and (2) dismissing Cinerama's complaint insofar as it seeks a declaratory judgment that Cinerama is not liable to the Bank upon its written guarantee of payment...

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