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BERRY v. FIRST NAT. BANK OF MERCER COUNTY

Civ. A. No. 91-1105.

892 F.Supp. 127 (1994)

David E. BERRY, Plaintiff, v. FIRST NATIONAL BANK OF MERCER COUNTY, Defendant.

United States District Court, W.D. Pennsylvania.

August 29, 1994.

Attorney(s) appearing for the Case

Clair M. Carlin, Esquire, McLaughlin, McNally & Carlin, Youngstown, OH, for plaintiff.

Gary P. Hunt, Tucker Arensberg, P.C., Pittsburgh, PA, for defendant.

MEMORANDUM OPINION

McKELVIE, District Judge (Sitting by Designation).

This is a tort case. The plaintiff, David E. Berry, is a guarantor of a construction loan. The defendant, First National Bank of Mercer County ("FNB"), is the bank that provided the loan. This case arises out of FNB's foreclosure on the loan and its efforts to collect from Berry amounts owed on the loan.

Berry claims FNB negligently failed to determine at the time it made the loan...

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