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BRENNTAG INTERNATIONAL v. NORDDEUTSCHE LANDESBANK

No. 97 Civ. 2688(RWS).

70 F.Supp.2d 399 (1999)

BRENNTAG INTERNATIONAL CHEMICALS, INC., Plaintiff, v. NORDDEUTSCHE LANDESBANK GZ and Bank of India, Defendants.

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

November 5, 1999.

Attorney(s) appearing for the Case

Katten, Muchin & Zavis, Chicago, IL, James C. Murray, Jr., Christian T. Kemnitz, of counsel, Howard, Darby & Levin, New York City, Linda C. Goldstein, of counsel, for plaintiff.

McDermott, Will & Emery, New York City, Banks Brown, of counsel, for Defendant Norddeutsche Landesbank GZ.

Sidley & Austin, New York City, James D. Arden, John J. Lavelle, of counsel, for Defendant Bank of India.

OPINION

SWEET, District Judge.

Brenntag International Chemicals, Inc. ("Brenntag") has moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment, seeking to permanently enjoin defendant Bank of India ("BOI") from drawing upon a standby letter of credit (the "LOC") issued by defendant Norddeutsche Landesbank GZ ("Nord/LB"). For the reasons set forth below, the motion is granted.

Brenntag, through aggressive and...

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