United Brands Co. v. Intermediate Credit Corp.

OPINION

WERKER, District Judge.

This action arises out of an agreement which renegotiated the terms of a defaulted debt instrument. Plaintiff United Brands Company (“United”), as a creditor of defendant Metals Holding Corporation (“Metals”), has made a motion under Rule 56 of the Federal Rules of Civil Procedure for summary judgment against co-defendant Intermediate Credit Corporation (“Intermediate”), which it seeks to hold liable as Metals’ guarantor. United has not joined Metals in this motion.

Intermediate opposes the motion on numerous grounds. First, without adequate explanation, it relies…