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NEW BANK OF NEW ENGLAND v. TORONTO-DOMINION BANK

No. 91 Civ. 0905 (RWS).

768 F.Supp. 1017 (1991)

NEW BANK OF NEW ENGLAND, N.A., Plaintiff, v. The TORONTO-DOMINION BANK, Provident National Bank, the Prudential Insurance Company of America and the Toronto-Dominion Bank Trust Company, Defendants.

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

July 16, 1991.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed (Jerry J. Strochlic, of counsel), New York City, New Bank of New England, N.A. (Kathleen C. Stone, of counsel), Boston, Mass., for plaintiff.

Mayer, Brown & Platt (Marc E. Kasowitz, of counsel), New York City, for defendants The Toronto-Dominion Bank, The Toronto-Dominion Bank Trust Co. and Provident Nat. Bank.

Wachtell, Lipton, Rosen & Katz (Steven M. Barna, of counsel), New York City, for defendant The Prudential Ins. Co.

OPINION

SWEET, District Judge.

The defendants The Toronto-Dominion Bank ("TD Bank"), Provident National Bank ("Provident"), The Prudential Insurance Company of America ("Prudential") and The Toronto-Dominion Bank Trust Company ("TD Trust") have moved under Rule 56, Fed.R.Civ.P. for summary judgment dismissing the complaint of plaintiff New Bank of New England, N.A. ("NBNE"), one of four institutional lenders under a syndicated loan agreement (the "Credit...

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