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CORTEC CORP. v. ERSTE BANK BER OESTERREICHISCHEN SPARKASSEN AG (ERSTE BANK)

No. 07 Civ. 6094 (CM).

535 F.Supp.2d 403 (2008)

CORTEC CORPORATION, a Minnesota corporation, Plaintiff, v. ERSTE BANK BER OESTERREICISCHEN SPARKASSEN AG (ERSTE BANK), An Austrian corporation, Defendant.

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

February 11, 2008.

Attorney(s) appearing for the Case

Kirk W. Reilly, Gray, Plant, Mooty, Mooty, & Bennett, P.A., Minneapolis, MN, Ronald David Degen, O'Rourke & Degen, PLLC, New York, NY, for Plaintiff.

James Daniel Arden, Sidley Austin LLP, New York, NY, for Defendant.

DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

McMAHON, District Judge:

Introduction

Underlying this action is a lawsuit between an affiliate or subsidiary of plaintiff and an affiliate or subsidiary of defendant concerning a loan that has been recalled. That lawsuit is being litigated in Croatia, where the loan was executed and where both subsidiaries reside and do business: Now, however...

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