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KOOLS v. CITIBANK, N.A.

No. 94 Civ. 2107 (MBM).

872 F.Supp. 67 (1995)

M.J.F.M. KOOLS, d/b/a Kools De Visser, Plaintiff, v. CITIBANK, N.A., Defendant.

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

January 5, 1995.

Attorney(s) appearing for the Case

Gregory E. Sohns, Colamarino & Sohns, New York City, for plaintiff.

Robert E. Bartkus, Claudio B. Bergamasco, Pinto, Rodgers & Kopf, Morristown, NJ, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff, M.J.F.M. Kools, a citizen of the Netherlands, brings this diversity action against Citibank, N.A. for alleged fraud and breach of contract arising out of Citibank's payment on a letter of credit to Jade-USA, Inc. Citibank has moved to dismiss for lack of standing, failure to plead fraud with particularity, pursuant to Fed.R.Civ.P. 9(b), and failure to state a claim, pursuant to Fed. R.Civ.P. 12(b)(6)...

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