MARINE MIDLAND BANK v. KEPLINGER & ASSOCIATES

No. 79 Civ. 4618 (KTD).

488 F.Supp. 699 (1980)

MARINE MIDLAND BANK, Plaintiff, v. KEPLINGER & ASSOCIATES, INC. and J.W. Miller & Associates, Inc., Defendants.

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

March 25, 1980.


Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff; John Dickey, D. Stuart Meiklejohn, New York City, of counsel.

Gottesman, Wolgel, Smith & Secunda, New York City, for defendant Keplinger & Associates, Inc.; Harold H. Wolgel, Bart J. Klein, New York City, of counsel.

Olshan, Grundman & Frome, New York City, for defendant J.W. Miller & Associates, Inc.; Richard H. Abelson, New York City, of counsel.


OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff, Marine Midland Bank [hereinafter referred to as "MMB"], commenced this action against the defendants, Keplinger & Associates, Inc. [hereinafter referred to as "Keplinger"], and J.W. Miller & Associates, Inc. [hereinafter referred to as "Miller"], charging them with negligence, breach of contract and material misrepresentations of fact. The charges emanate from MMB's financing of a Utah...

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