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MUTUAL EXPORT CORP. v. WESTPAC BANKING CORP.

No. 90 Civ. 1479 (WK).

789 F.Supp. 1279 (1992)

MUTUAL EXPORT CORP., Plaintiff, v. WESTPAC BANKING CORP., Defendant.

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

April 21, 1992.

Attorney(s) appearing for the Case

Daniel A. Ross, Sharfman, Shanman, Poret & Siviglia, P.C., New York City, for plaintiff.

Edwin G. Shallert, Andrea L. Labov, Debevoise & Plimpton, New York City, for defendant.

OPINION AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiff Mutual Export Corp. comes before us with a tale of woe from Downunder, seeking reformation of a letter of credit that terminated too early as a result of blunder. The parties, agreeing that the facts are for the most part undisputed, have cross moved for summary judgment. For the reasons that follow, plaintiff's motion is granted and defendant's denied.

FACTS1

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