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BAKER v. NATIONAL CITY BANK OF CLEVELAND

No. 74-1908.

511 F.2d 1016 (1975)

George P. BAKER et al., Trustees of the Property of Penn Central Transportation Company, Plaintiffs-Appellees. v. NATIONAL CITY BANK OF CLEVELAND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 13, 1975.

Attorney(s) appearing for the Case

Frank C. Heath, John L. Stauch, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendant-appellant.

Thomas R. Skulina, Cleveland, Ohio, Marvin Comisky, Goncer M. Krestal, Philadelphia, Pa., for plaintiffs-appellees.

Before MILLER and LIVELY, Circuit Judges, and McALLISTER, Senior Circuit Judge.

LIVELY, Circuit Judge.

This appeal presents a single question: What requirements must a bank meet in order to effect a non-judicial setoff against the account of a customer? The facts are not in dispute and are stated in the comprehensive memorandum and order entered in the district court by Judge William K. Thomas. Baker, et al., Trustees v. National City Bank of Cleveland, 387 F.Supp. 1137 (N.D.Ohio 1974). The District Judge...

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