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GOMEZ v. HUNTINGTON TRUST CO., N.A.

No. 3:98CV7436.

129 F.Supp.2d 1116 (2000)

Joseph GOMEZ, et al., Plaintiffs, v. HUNTINGTON TRUST CO., N.A., et al., Defendant.

United States District Court, N.D. Ohio, Western Division.

November 16, 2000.

Attorney(s) appearing for the Case

Kevin J. Kenney, Charles D. Niehaus, Bischoff, Kenney, Drescher & Niehaus, Sylvania, OH, for plaintiff.

Walter A. Winslow, Barkan & Robon, Toledo, OH, for defendant.

Timothy D. Connors, Toledo, OH, Gregory Roether Elder, Barkan & Robon, Toledo, OH, for defendant and cross-defendant.

Kenneth C. Baker, Matthew D. Harper, Eastman & Smith, Toledo, OH, for defendant and cross-claimant.

Gregory Roether Elder, Marvin A. Robon, Barkan & Robon, Toledo, OH, Lisa Babish Forbes, Anthony J. O'Malley, Vorys, Sater, Seymour & Pease, Cleveland, OH, for defendant, cross-claimant and cross-defendant.

Richard M. Ashton, Katherine H. Wheatley, Washington, DC, Lawrence J. Kiroff, Office of U.S. Atty., Toledo, OH, Robert K. Lang, Office of Atty. Gen., Columbus, OH, for intervenor.

ORDER

CARR, District Judge.

This case involves a claim by plaintiffs that the defendant Huntington Trust Co. ("Huntington") breached an Escrow Agreement which protected plaintiffs' investment in an all-or-nothing stock offering by the defendant Towne Bank ("Towne"). Pending are plaintiffs' and Huntington's cross motions for summary judgment (Docs. 255 and 271). Because plaintiffs were third party beneficiaries of the Escrow Agreement and Huntington failed...

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