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TRI-EX ENTERPRISES v. MORGAN GUARANTY TRUST CO.

80 Civ. 3856 (WCC).

596 F.Supp. 1 (1982)

TRI-EX ENTERPRISES, INC., Plaintiff, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Federal Republic of Nigeria, Central Bank of Nigeria, and Alan London, Defendants. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Federal Republic of Nigeria and Central Bank of Nigeria, Defendants, v. Alan LONDON and Lime International Corporation, Third-Party Defendants.

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

On Motion for Partial Summary Judgments October 6, 1983.

Attorney(s) appearing for the Case

Breed, Stairs & Berger, New York City, for plaintiff; Andrew Berger, Christopher F. Meatto, Arie Bucheister, New York City, of counsel.

Lowe & Knapp, New York City, for defendant Alan London; Robert P. Knapp, Jr., Raymond L. Herbert, Stephen D. Ryan, III, Jean-Pierre VanLent, New York City, of counsel.

Halley & Chalos, New York City, for defendants Federal Republic of Nigeria and Central Bank of Nigeria; Michael G. Chalos, Robert J. Brown, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Before this Court is a motion by defendant Alan London ("London") for an order pursuant to Rules 12(c) and 12(h)(3), F.R. Civ.P., dismissing the complaint against him on the ground of lack of subject matter jurisdiction. In its complaint, plaintiff invokes this Court's jurisdiction over its claims against the Federal Republic of Nigeria ("Nigeria") and the Central Bank of Nigeria ("CBN") under the Foreign Sovereign...

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