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CITIBANK, N.A. v. K-H CORP.

No. 89 Civ. 3609 (PKL).

745 F.Supp. 899 (1990)

CITIBANK, N.A., Plaintiff, v. K-H CORPORATION and Kelsey-Hayes Company, Defendants.

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

August 22, 1990.

Attorney(s) appearing for the Case

Latham & Watkins (John D. Shyer, New York City, James A. Cherney, Robert L. Stout and Stephen M. McJohn, Chicago, Ill., of counsel), for plaintiff.

Cahill Gordon & Reindel (Thomas J. Kavaler, Howard G. Sloane, Jonathan D. Thier, Katherine B. Harrison and Daniel Cantor, of counsel), New York City, for defendants.

ORDER AND OPINION

LEISURE, District Judge:

This matter is before the Court on a motion filed by defendants K-H Corporation ("K-H Corp.") (formerly known as Fruehauf Corporation ("Fruehauf"))1 and Kelsey-Hayes Company ("Kelsey-Hayes") to dismiss plaintiff Citibank, N.A.'s ("Citibank") third amended complaint for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6).

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