RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
EGINTON, District Judge.
FACTS
Plaintiff, Marine Midland Bank, ("Bank") has filed a motion for summary judgment on the First Count of its Complaint pursuant to Federal Rule of Civil Procedure 56. In 1984, Riverside Oil Company, Inc., ("Riverside"), not a party to this action, executed a variable rate installment note, payable to the Bank in the principal amount of four hundred thousand dollars ...
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