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SINE v. BANK OF NEW YORK

No. 3:03 CV 7662.

323 F.Supp.2d 831 (2004)

Wesley F. SINE, Trustee, Plaintiff, v. THE BANK OF NEW YORK, et al., Defendant. The Bank of New York, et al., Counter-Claim Plaintiffs, v. Wesley F. Sine, Trustee, et al., Counter-Claim Defendants.

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

June 3, 2004.

Attorney(s) appearing for the Case

Donald H. Taube, Wiedemann & Taube, Marion, OH, Larry Heiser, Marion, OH, Ronald C. Barker, Salt Lake City, UT, for Wesley F. Sine, Trustee, Plaintiff.

James B. Hadden, John F. Marsh, Porter Wright Morris & Arthur, Columbus, OH, Paul G. Rozelle, Porter, Wright, Morris & Arthur, Columbus, OH, Christopher Conard, Coolidge, Wall, Womsley & Lombard, Dayton, OH, Nicole M. Ruhenkamp, Cincinnati, OH, for The Bank of New York, Donald Meddles, Trustee/CEO for Delmarva Timber Trust, Delmarva Timber Trust, dba Polly & Co., Fahey Bank, Polly & Company, J.P. Morgan Chase, John Doe 1-10, Holders of additional funds possibly subject to dispute, Defendants.

Michael C. Cottrell, Erie, PA, Pro se.

ORDER

CARR, District Judge.

This is a declaratory judgment action initially filed by plaintiff Wesley F. Sine, Trustee for judgment creditors of the Delmarva Timber Trust ("Delmarva"), in the Marion County, Ohio Court of Common Pleas. The defendant Bank of New York ("Bank") removed the case to this court and filed a counter-claim against Sine and Donald Meddles. Thereafter the Bank sought and was granted temporary restraining orders requiring Sine, inter...

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