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BANKER v. UPPER VALLEY REFRIGERATION CO., INC.

Civ. No. 89-368-S.

771 F.Supp. 6 (1991)

Richard E. BANKER v. UPPER VALLEY REFRIGERATION CO., INC., Quality Mechanical, Inc., Wilton L. Buskey, Carol Buskey.

United States District Court, D. New Hampshire.

January 10, 1991.

Attorney(s) appearing for the Case

Albert J. Cirone, Jr., Lebanon, N.H., for plaintiff.

L. Jonathan Ross, Manchester, N.H., for defendants.

ORDER

STAHL, District Judge.

In this civil action, plaintiff Richard E. Banker seeks a deficiency judgment for alleged nonpayment of a promissory note executed by defendants. Defendants Carol and Wilton Buskey move for summary judgment, claiming that Banker, by exercising control over stock pledged as security for the promissory note, took that stock in satisfaction of any claimed indebtedness, and is thus barred by Article Nine of the Uniform Commercial...

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