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BANK OF AMERICA v. MUSSELMAN

No. CIV.A.02-253-A.

240 F.Supp.2d 547 (2003)

BANK OF AMERICA, Plaintiff, v. Gary MUSSELMAN, Bowling, Franklin & Co., LLP, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

January 13, 2003.

Attorney(s) appearing for the Case

S. Ricardo Narvaiz, Fairfax, VA, for Plaintiff.

Michael Joseph McManus, Brian Arthur Coleman, Drinker, Biddle & Reath L.L.P., Dennis John Quinn, Carr Maloney P.C., Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

This diversity action grows out of a debtor's default on an eleven million dollar bank loan. Among the bank's various claims in this action is a third-party beneficiary contract claim against the debtor's accounting firm for professional malpractice. At issue on summary judgment is whether the record evidence presents a triable issue of fact concerning whether the bank was an intended third-party beneficiary...

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