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WINTERS GOV. SEC. CORP. v. FIRST NAT. BANK, ETC.

No. Civ. 6-78-168.

504 F.Supp. 32 (1980)

WINTERS GOVERNMENT SECURITIES CORPORATION, a Florida Corporation, Plaintiff, v. FIRST NATIONAL BANK OF BRECKENRIDGE, a national banking association, and H. Robert Hertzenberg, individually, Defendants.

United States District Court, D. Minnesota.

March 25, 1980.

Attorney(s) appearing for the Case

Jeremiah J. Kearney, O'Connor & Hannan, Minneapolis, Minn., Nolan P. Chipman, Paul, Landy & Beiley, Miami, Fla., for plaintiff.

Samuel L. Hanson, Briggs & Morgan, St. Paul, Minn., for defendants.

EDWARD J. DEVITT, Chief Judge.

This case was tried to the court on January 21 and 22, 1980. Plaintiff, Winters Government Securities Corporation, is a bankrupt Florida corporation, and this action is being prosecuted by the trustee on behalf of plaintiff's creditors. Defendant, First National Bank of Breckenridge, is a small Minnesota bank, with assets of about $19,000,000. The jurisdiction of the court is based on diversity of citizenship. The court finds for defendant...

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