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U.S. WEST FINANCIAL SERVICES v. MARINE MIDLAND

Nos. 90 Civ. 5357 (MBM), 91 Civ. 1837 (MBM).

810 F.Supp. 1393 (1993)

U S WEST FINANCIAL SERVICES, INC., Plaintiff, v. MARINE MIDLAND REALTY CREDIT CORPORATION and Days Bakersfield Limited Partnership, Defendants. MARINE MIDLAND REALTY CREDIT CORPORATION, Plaintiff, v. U S WEST FINANCIAL SERVICES, INC., Defendant.

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

January 25, 1993.

Attorney(s) appearing for the Case

Joel M. Miller, Charles R. Jacob III, James P. Rosenzweig, Miller & Wrubel P.C., New York City, for U S West Financial Services, Inc.

M. Duncan Grant, Matthew H. Adler, Margaret A. Suender, Michael S. Hino, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Marine Midland Realty Credit Corp.

OPINION AND ORDER

MUKASEY, District Judge.

These actions arise out of a conditional standby mortgage loan commitment by U S West Financial Services, Inc. to Days Bakersfield Limited Partnership ("Days"), an entity formed to construct a Days Inn hotel in Bakersfield, California. U S West moves for summary judgment (1) declaring that it was not required to fund the standby loan as stated in its First and Third Causes of Action in 90 Civ. 5357, and (2) dismissing...

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