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NASSAR v. FLORIDA FLEET SALES, INC.

No. 97 CIV. 9269(DLC).

79 F.Supp.2d 284 (1999)

Hussein NASSAR and Insearch Marketing and Trading Company, Plaintiffs, v. FLORIDA FLEET SALES INC.; TNC, Inc.; Frederick Roccanti, President of Florida Fleet Sales Inc. and TNC; Fred M. Dellorfano, attorney-in-fact for Florida Fleet Sales Inc.; Ex-Im International, Ltd.; Anthony Dellorfano, President of Ex-Im International; National Bank of Kuwait Sak, New York Branch; Worldwide Surety Company; and Worldwide Business Services Inc., Defendants.

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

January 6, 1999.

Attorney(s) appearing for the Case

Christopher R. Carpentieri, C.R. Carpentieri, P.C., New York City, for plaintiffs.

Gary K. Wolinetz, Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, Woodbridge, NJ, for defendant National Bank of Kuwait.

Fred M. Dellorfano, Montgomery, PA, Pro se individual defendant.

OPINION AND ORDER

COTE, District Judge.

Plaintiffs bring this diversity action against a number of different defendants alleging improper breaches of a letter of credit and a series of underlying agreements. Plaintiffs were the first beneficiary to a letter of credit. In the causes of action relevant to the present motion, they complain principally that their sub-contractor wrongfully obtained money under the letter of credit due to errors by the...

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