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MINTO v. EUROPEAN-AMERICAN BANK & TRUST CO.

No. 77 Civ. 4771 (CMM).

442 F.Supp. 1034 (1977)

Milton R. MINTO, Plaintiff, v. EUROPEAN-AMERICAN BANK & TRUST COMPANY, Defendant.

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

November 7, 1977.

Attorney(s) appearing for the Case

McGinley, Jones & Lederer, New York City, for plaintiff.

Lowenthal, Landau, Fischer & Singer, New York City, for defendant.

METZNER, District Judge:

Plaintiff seeks a preliminary injunction to require the defendant bank to return $137,691.12 it withdrew from plaintiff's Individual Retirement Account (IRA) as a setoff pending resolution of this litigation.

This case concerns a disputed collection by setoff by the bank on a guarantee of liability signed by plaintiff which defendant contends runs in its favor. The company from which the debt to the bank is owing has gone bankrupt...

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