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FLUOR DANIEL ARGENTINA, INC. v. ANZ BANK

No. 98 Civ. 5876.

13 F.Supp.2d 562 (1998)

FLUOR DANIEL ARGENTINA, INC., Plaintiff, v. ANZ BANK a/k/a Australia and New Zealand Banking Group, Ltd. and Minera Alumbrera, Ltd., Defendants.

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

August 20, 1998.

Attorney(s) appearing for the Case

George J. Grumbach, Jr., Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiff.

Joseph Neuhaus, Sullivan & Cromwell, New York City, for defendant Minera Alumbrera, Ltd.

Christine B. Cesare, Emmet, Marvin & Martin, LLP, New York City, for defendant ANZ Bank.

MEMORANDUM ORDER

RAKOFF, District Judge.

On August 18, 1998, plaintiff Fluor Daniel Argentina, Inc. ("FDA"), upon filing its Complaint in this action, promptly moved for a temporary restraining order and preliminary injunction prohibiting defendant Minera Alumbrera, Ltd. ("Minera") from drawing upon, and defendant ANZ Bank a/k/a Australia and New Zealand Banking Group, Ltd. ("ANZ") from paying on, a letter of credit issued by ANZ of which Minera is...

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