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NATIONAL WESTMINSTER BANK U.S.A. v. CHENG

No. 86 Civ. 6077 (DNE).

751 F.Supp. 1158 (1990)

NATIONAL WESTMINSTER BANK U.S.A., Petitioner, v. Calvin W.S. CHENG, et al., Respondents.

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

December 10, 1990.

Attorney(s) appearing for the Case

Cole & Deitz, New York City (Michael Milner, of counsel), for petitioner.

Jacobs Presinger & Parker, New York City (I. Michael Bayda, Matthew C. Lau, of counsel), for respondents.

OPINION AND ORDER

EDELSTEIN, District Judge:

Respondents move for judgment on the pleadings pursuant to Federal Rules of Civil Procedure 9(b), 12(c), 12(h)(3), and for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, respondents' motion to dismiss the instant action for lack of subject matter jurisdiction is granted.

I. BACKGROUND

Petitioner, National...

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