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CANADIAN IMPERIAL BANK v. SAXONY CARPET CO.

No. 94 Civ. 0283 (DAB).

899 F.Supp. 1248 (1995)

CANADIAN IMPERIAL BANK OF COMMERCE, Plaintiff, v. SAXONY CARPET COMPANY, INC., Defendant.

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

October 13, 1995.

Attorney(s) appearing for the Case

Richard C. Raymond, Braunschweig Rachlis Fishman & Raymond, New York City, for plaintiff.

Nancy J. Silver, Abraham & Silver, New York City, for defendant.

BATTS, District Judge.

Defendants move, pursuant to Rule 12(b)(1) and 12(b)(2) of the Federal Rules of Civil Procedure, to dismiss Plaintiff's Complaint. Plaintiffs move, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment. For the following reasons, Defendant's motion to dismiss is denied, and Plaintiff's motion for summary judgment is granted.

I. BACKGROUND

In 1986, Defendant...

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