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VOEST-ALPINE INTERN. v. CHASE MANHATTAN BANK

No. 81 Civ. 5601 (KTD).

545 F.Supp. 301 (1982)

VOEST-ALPINE INTERNATIONAL CORP., Plaintiff, v. The CHASE MANHATTAN BANK, N.A., Defendant and Third-Party Plaintiff, v. BANK OF BARODA, Third-Party Defendant.

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

August 4, 1982.

Attorney(s) appearing for the Case

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

Milbank, Tweed, Hadley & McCloy, New York City, for defendant and third-party plaintiff; Andrew J. Connick, Eugene F. Farahaugh, Scott H. Wyner, Vincent J. Barra, New York City, of counsel.

Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, New York City, Mudge, Rose, Guthrie & Alexander, New York City, for third-party defendant Bank of Baroda; Thomas W. Evans, Robert A. Jaffe, Shari J. Levitan, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge:

Voest-Alpine International Corp. ("Voest") brings this action to recover amounts allegedly due under two letters of credit issued by Bank of Baroda and confirmed by defendant Chase Manhattan Bank, N.A. ("Chase"). The gravamen of the complaint is that Chase improperly refused payment under the letters of credit when Voest presented its bills of lading and other required documentation. Chase filed a...

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