Brunswick County v. The Bank of Tokyo-Mitsubishi, Limited, Formerly Known as the Bank of Tokyo, Limited, New York Agency

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Plaintiff-appellant Brunswick County-appeals from the district court’s grant of summary judgment to defendant-appellee The Bank of Tokyo-Mitsubishi, Ltd., on the County’s claim that the Bank breached its contract with the County. For the reasons that follow, we reverse and remand.

I

Appellant Brunswick County was the beneficiary of a letter of credit issued by appellee The Bank of Tokyo-Mitsubishi, Ltd., f/k/a The Bank of Tokyo, Ltd., New…