United States Fifth Circuit
VOEST-ALPINE TRADING USA CORP. v. BANK OF CHINA, 01-20363
In a diversity suit regarding the validity of a letter of credit, defendant's notice of refusal was improper where rejection was ambiguous and not implicitly stated, and statements made therein "held open" the possibility of acceptance; Texas venue was proper where, although the letter of credit originated in China, a substantial number of the events giving rise to the dispute occurred in Texas.
Appellate Information
- Decided 04/23/2002
- Published 04/23/2002
Judges
- CLEMENT, Circuit Judge:, Before POLITZ, STEWART and CLEMENT, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Richard Anthony Lash, Buonassissi, Henning, Campbell & Moffet, Fairfax, VA, for International Financial Services Ass'n, Amicus Curiae.
- For Appellees:
- 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 Holley, Fulbright & Jaworski, Houston, TX, for Defendant-Appellant.