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KENLER v. CANAL NATIONAL BANK

No. 73-1100.

489 F.2d 482 (1973)

Myron L. KENLER and Regina O. Kenler, Plaintiffs, Appellants, v. CANAL NATIONAL BANK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 18, 1973.

Attorney(s) appearing for the Case

John Alterman, Miami, Fla., with whom Daniel G. Lilley, Portland, Me., was on brief, for plaintiffs, appellants.

Jeremiah D. Newbury, Portland, Me., with whom Charles W. Allen, Albert G. Ayre and Pierce, Atwood, Scribner, Allen & McKusick, Portland, Me., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

In this diversity action, plaintiffs (Dr. and Mrs. Kenler) appeal from a district court judgment which granted defendant's (Canal National Bank) motion for summary judgment. The Kenlers are presently the owners of 7,087 shares of "legended" investment stock of the now bankrupt Maine Insurance Company ("the Company"). In prosecuting this suit, they seek to hold the Bank, as transfer agent for the Company liable in damages for its alleged wrongful...

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