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NICKEL v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N

No. C-94-2716-CAL.

991 F.Supp. 1175 (1997)

Carol F. NICKEL, on behalf of herself and all others similarly situated, Plaintiff, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, et al., Defendants.

United States District Court, N.D. California.

April 25, 1997.

Attorney(s) appearing for the Case

Robert W. Mills, Gilmur R. Murray, Derek G. Howard, The Mills Firm, Greenbrae, CA, for Plaintiff.

Matthew L. Larrabee, Robert A. Rosenfeld, Wayne S. Braveman, Kenneth L. Chernof, Heller, Erhman, White & McAuliffe, Andrew H. Schwartz, Bank of America N.T. & S.A., Office of General Counsel, Jeffrey S. Sloan, Sloan & Pratt, San Francisco, CA, for Defendants.

OPINION, ORDER AND PARTIAL JUDGMENT

LEGGE, District Judge.

This action arises from excessive trustee's fees charged by defendant to over twenty-five hundred trusts for which defendant was the trustee. The trusts were so-called "contractual fee" trusts; that is, trusts which had contracts defining the fees that could be charged by the trustee. The facts of how the excessive fees were charged are not material to this opinion.

The third amended...

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