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MARENGO v. FIRST MASSACHUSETTS BANK, N.A.

No. CIV. A. 00-40193-NMG.

152 F.Supp.2d 92 (2001)

Ralph MARENGO and Vona Marengo, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. FIRST MASSACHUSETTS BANK, N.A., Defendant.

United States District Court, D. Massachusetts.

July 18, 2001.

Attorney(s) appearing for the Case

Sandra L. Mayes, Legal Assistance Corp. of Central Mass., Worcester, MA, for plaintiffs.

Kevin L. Courtney, Bruce D. Berns, Abendroth, Berns & Warner, Wellesley, MA, for defendant.

MEMORANDUM AND ORDER

GORTON, District Judge.

This case arises out of the setoff by defendant of plaintiffs' bank account. Pending before this Court is defendant's motion to dismiss for failure to state a claim upon which relief can be granted (Docket No. 4).

I. Background

Plaintiffs, Ralph and Vona Marengo ("the Marengos"), are elderly, disabled individuals. In the 1970s...

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