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BANK ONE, TEXAS, NAT. ASS'N v. MONTLE

Civ. A. No. 90-11857-MA.

764 F.Supp. 687 (1991)

BANK ONE, TEXAS, NATIONAL ASSOCIATION, Plaintiff, v. Paul J. MONTLE, Defendant, and Baybank, Boston Company Inc. Money Fund, Fidelity Investments, Prudential Bache, Boston Trade Bank, and Montle International, Inc., Trustee Defendants.

United States District Court, D. Massachusetts.

May 6, 1991.

Attorney(s) appearing for the Case

Lisa A. Pake, Peabody & Arnold, Boston, Mass., for plaintiff Bank One, Texas, Nat. Ass'n, and trustee defendants Boston Trade Bank, Boston Safe Deposit and Trust Co., Boston Co. Inc., Fidelity Investments and Prudential Bache Securities, Inc.

Robert P. Hilson, Hingham, Mass., for Paul J. Montle, defendant.

MEMORANDUM AND ORDER

MAZZONE, District Judge.

Plaintiff, Bank One, Texas, N.A. ("the Bank"), filed this diversity suit to recover the deficiency due under a note executed by defendant, Paul Montle, in the Bank's favor and secured by shares of National Environmental Group (NEG) stock. Defendant has counterclaimed and alleged that the Bank's sale of the collateral was commercially unreasonable and that its actions in selling the stock caused defendant to lose...

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