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FREIDCO OF WILMINGTON, ETC. v. FARMERS BANK

Civ. A. No. 76-149.

499 F.Supp. 995 (1980)

FREIDCO OF WILMINGTON, DELAWARE, LTD., a Texas limited partnership Debtor-In-Possession under Chapter XII of the Bankruptcy Act of the United States, and Unit, Inc., a Texas corporation, Debtor-In-Possession under Chapter XI of the Bankruptcy Act of the United States, Plaintiffs, v. The FARMERS BANK OF the STATE OF DELAWARE, Defendant.

United States District Court, D. Delaware.

October 1, 1980.

Attorney(s) appearing for the Case

Sherman E. Unger and Michael G. Kohn, Cincinnati, Ohio, for plaintiff Unit.

Max S. Bell, Jr. and Robert J. Katzenstein of Richards, Layton & Finger, Wilmington, Del., for defendant Farmers.

Peter J. Walsh of Murdoch & Walsh, Wilmington, Del., Trustee and F. Alton Tybout of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for Trustee of Freidco.

Thomas G. Hughes of O'Donnell & Hughes, Wilmington, Del., for FDIC.

OPINION

STAPLETON, District Judge:

Plaintiffs Freidco of Wilmington, Delaware, Ltd. ("Freidco-Wilmington"), and Unit, Inc., ("Unit") bring this action under the anti-tying provision of the Bank Holding Company Act. 12 U.S.C. § 1972. They seek treble damages from the Farmers Bank of the State of Delaware ("Farmers"). 12 U.S.C. § 1975. This Opinion constitutes the Court's findings of fact and conclusions...

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