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IN RE IRREVOCABLE STANDBY LETTER OF CREDIT NO. SE444393W

No. 1:04CV00836.

336 F.Supp.2d 578 (2004)

In re: IRREVOCABLE STANDBY LETTER OF CREDIT NO. SE444393W.

United States District Court, M.D. North Carolina.

September 20, 2004.

Attorney(s) appearing for the Case

Jason M. Sneed, Kevin A. O'Brien, Alston & Bird, LLP, Bank of America Plaza, Charlotte, NC, Candace N. Smith, Adam J. Biegel, Alston & Bird LLP, Atlanta, GA, for Plaintiff.

MEMORANDUM OPINION

TILLEY, Chief Judge.

Astec, Inc. ("Astec"), a Tennessee corporation, initiated this action by filing a Petition and Motion for Temporary Restraining Order and Preliminary Injunction, pursuant to Federal Rule of Civil Procedure 65(a)-(b). Astec seeks to enjoin S.A. Toffolutti ("Toffolutti"), a French corporation, from drawing down funds on a certain letter of credit, and to enjoin General Electric Capital Corporation ("GE Capital") and...

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