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SCIOLINO v. MARINE MIDLAND BANK-WESTERN

No. CIV-75-523.

463 F.Supp. 128 (1979)

Robert S. SCIOLINO, Plaintiff, v. MARINE MIDLAND BANK-WESTERN, William Taylor, Richard Diana and Charles Schumacher, Defendants.

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

January 4, 1979.

Attorney(s) appearing for the Case

Kenneth L. Cooper, Parrino, Cooper, Butler & Dobson, Buffalo, N. Y., for plaintiff.

David K. Floyd, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff is the president of an automobile dealership, Main Chrysler Plymouth, Inc. ("Main"), which fell upon hard times in 1974. On December 3, 1974, pursuant to a security agreement between it and Main, Marine Midland Bank-Western ("Marine") exercised its option under New York's Uniform Commercial Code § 9-503 and physically took over the operation of Main through Marine's agents, William Taylor, Richard...

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