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FORD MOTOR CREDIT CO. v. MILLER

No. 94-CV-1395.

990 F.Supp. 107 (1998)

FORD MOTOR CREDIT COMPANY, Plaintiff, v. Donald MILLER, Wendell Miller, and Madeleine Miller, Defendants.

United States District Court, N.D. New York.

January 21, 1998.

Attorney(s) appearing for the Case

Deily, Dautel & Mooney, LLP, Albany, NY (Jonathan D. Deily, Mark D. Glastetter, of counsel), for Plaintiff.

Coughlin & Gerhart, LLP, Binghamton, NY (Peter H. Bouman, of counsel), for Defendants Wendell Miller and Madeline Miller.

Law Offices of John W. Young, Binghamton, NY (John W. Young, of counsel), for Defendant Donald Miller.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

Plaintiff Ford Motor Credit Company ("Ford Credit") instituted this diversity action against certain officers, employees and stockholders of Miller Lincoln Mercury, Inc. (the "Dealer"). In brief, Ford Credit seeks to recover upon an unlimited guarantee executed by defendants. Ford Credit also seeks attorneys' fees and costs. Now before the Court is Ford Credit's motion for summary judgment pursuant to...

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