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AUBIN v. H. HENTZ & CO.

Civ. A. No. 68-584.

303 F.Supp. 1119 (1969)

George J. AUBIN and Cameron E. Aubin, his wife, Plaintiffs, v. H. HENTZ & CO., a partnership; the Coral Gables First National Bank, a Florida banking corporation, Defendants.

United States District Court S. D. Florida, Miami Division.

May 7, 1969.

Attorney(s) appearing for the Case

Ronald A. Shapo, of Pallot, Poppell, Horwich & Goodman, Miami, Fla., for plaintiffs.

Richard R. Booth, of Aronovitz, Zinn & Silver, Miami, Fla., for Hentz.

Myers, Kaplan, Porter, Levinson & Kenin, Miami, Fla., for defendant Bank.

Order on Motions for Summary Judgment

ATKINS, District Judge.

This cause came before this Court pursuant to motions by both plaintiffs and defendants for summary judgment. Decision has been rendered on all motions except those by plaintiffs George J. Aubin and Cameron E. Aubin and defendant H. Hentz & Co. pertaining to Counts I and II of the complaint. This order contains the decision on these counts.

Count I of the complaint alleges that in...

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