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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
2007 LC CASE SUMMARIES 2007 WL 1650410 (N. D. Ind. June 4, 2007) [USA]
Topics: Supersedeas Standby, Appeal
Article
Note: Executive Management Services, Inc. sought to submit an irrevocable letter of credit in place of a supersedeas bond to stay enforcement of a judgment against it. It would be available to the other party, should the appeal fail.
The U.S. District Court for the Northern District of Indiana, Springmann, J., noted that "a letter of credit may serve as the equivalent of a supersedeas bond," citing Ligurotis v. Whyte, 951 F.2d 818, 821 (7th Cir. 1992), consistent with Rule 62(d) of the Federal Rules of Civil Procedure.
[JEB/hah]
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