TANGLEWOOD MALL, INC. v. CHASE MANHATTAN BK. (NAT. ASS'N)

Civ. A. No. 73-C-143-R.

371 F.Supp. 722 (1974)

TANGLEWOOD MALL, INC., a Virginia corporation, Plaintiff, v. The CHASE MANHATTAN BANK (NATIONAL ASSOCIATION), a national banking association organized under the laws of the United States of America, as Trustee, One Chase Manhattan Plaza, New York, New York, Principal Defendant, and Mountain Trust Bank, a Virginia corporation, Co-Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

February 7, 1974.


Attorney(s) appearing for the Case

Robert E. Glenn, Eggleston & Glenn, Roanoke, Va., for Tanglewood Mall, Inc.

G. Marshall Mundy, Roanoke, Va., for The Chase Manhattan Bank.

Holman Willis, Jr., Roanoke, Va., for Mountain Trust Bank.


OPINION

TURK, Chief Judge.

The background of this case is relevant to the present disposition and will be briefly stated. The plaintiff in this case, Tanglewood Mall, Inc. (hereinafter referred to as "Tanglewood"), originally brought suit on May 29, 1973 in the Hustings Court for the City of Roanoke, Virginia against Chase Manhattan Bank (hereinafter referred to as "Chase") and Mountain Trust Bank. So far as is here relevant, this complaint recited the following...

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