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INTERNATIONAL DAIRY QUEEN, INC. v. BANK OF WADLEY

Civ. A. No. 75-68-E.

407 F.Supp. 1270 (1976)

INTERNATIONAL DAIRY QUEEN, INC., a Delaware Corporation, Plaintiff, v. BANK OF WADLEY, an Alabama Corporation, and Leon Phillips, Defendants.

United States District Court, M. D. Alabama, E. D.

February 6, 1976.

Attorney(s) appearing for the Case

Albert W. Copeland, Hobbs, Copeland, Franco & Screws, Montgomery, Ala., for plaintiff.

Tom Radney, Radney & Radney, Alexander City, Ala., for defendants.

ORDER

VARNER, District Judge.

There is now presented the Plaintiff's motion to strike the amended answer filed herein December 2, 1975, by Defendant Bank of Wadley. Plaintiff sues for breach of the terms of an allegedly irrevocable letter of credit. Defendant Bank defends on the ground that this letter of credit obligated it to lend a sum of money greater than that which banks are allowed to lend by the terms of Title 5, § 82, Code of Alabama, which...

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