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VOEST-ALPINE TRADING USA CORP. v. BANK OF CHINA

No. 01-20363.

288 F.3d 262 (2002)

VOEST-ALPINE TRADING USA CORPORATION, Plaintiff-Appellee, v. BANK OF CHINA; et al., Defendants, Bank of China, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 2002.

Attorney(s) appearing for the Case

J. Cary Gray, Edwin Armistead Easterby (argued), Looper, Reed & McCraw, Houston, TX, for Plaintiff-Appellee.

Christopher Brady (argued), Hollyer, Brady, Smith & Hines, New York City, Marsha Zimmerman Gerber (argued), Danielle Holly, Fulbright & Jaworski, Houston, TX, for Defendant-Appellant.

Richard Anthony Lash, Buonassissi, Henning, Campbell & Moffet, Fairfax, VA, for International Financial Services Ass'n, Amicus Curiae.

Before POLITZ, STEWART and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

The Bank of China appeals an adverse judgment in its dispute with Voest-Alpine Trading USA Corporation regarding the validity of a letter of credit. After conducting a bench trial, the district court concluded that the bank improperly refused payment on the letter and awarded Voest-Alpine damages and attorney's fees. We affirm the district court's judgment.

I. FACTS AND PROCEEDINGS

In June 1995, Jiangyin Foreign Trade Corporation...

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