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SIGNER v. FIRST NATIONAL BANK & TRUST CO. OF COVINGTON, KY.

Nos. 71-1337, 71-1338.

455 F.2d 382 (1971)

Burton R. SIGNER, Trustee for Jerry Salomine, Plaintiff-Appellant and Cross-Appellee, v. The FIRST NATIONAL BANK & TRUST COMPANY OF COVINGTON, KENTUCKY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied February 28, 1972.

Attorney(s) appearing for the Case

Charles J. Schear, Newport, Ky., for Burton R. Signer.

James C. Ware, Covington, Ky., for First National Bank.

Before PHILLIPS, Chief Judge, and McCREE and BROOKS, Circuit Judges.

BROOKS, Circuit Judge.

This is a diversity action for damages claimed to have resulted from the wrongful disposition of collateral pledged by plaintiff-appellant Burton R. Signer, Trustee for Jerry Salomine, to defendant-appellee First National Bank and Trust Company of Covington, Kentucky. The factual circumstances giving rise to this appeal are complex and require recitation in some detail.

On July 8, 1966, Salomine sold a boat harbor and business known...

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