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MARINE MIDLAND BANK v. SMITH

Nos. 79 CIV 1612(LBS), 79 CIV 1613(LBS).

482 F.Supp. 1279 (1979)

MARINE MIDLAND BANK, Plaintiff, v. W. Angie SMITH, Defendant. MARINE MIDLAND BANK, Plaintiff, v. Marius E. ARAKTINGI, Defendant.

United States District Court, S. D. New York.

December 21, 1979.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff.

Breed, Abbott & Morgan, New York City, for defendants.

OPINION

SAND, District Judge.

This is an action on a guarantee of a loan made by plaintiff Marine Midland Bank ("Bank") to a coal mining enterprise in which defendants W. Angie Smith ("Smith") and Marius E. Araktingi ("Araktingi") own a major equity interest.1 Jurisdiction is based on diversity of citizenship.2 Plaintiff moves for summary judgment pursuant to F.R.Civ.P. 56.

Marine Midland...

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