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NADLER v. BAYBANK MERRIMACK VALLEY, N.A.

No. 83-1621.

733 F.2d 182 (1984)

Harold NADLER, et al., Plaintiffs, Appellants, v. BAYBANK MERRIMACK VALLEY, N.A., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 7, 1984.

Rehearing and Rehearing Denied June 14, 1984.

Attorney(s) appearing for the Case

Phyllis Neimark, Boston, Mass., with whom Robert S. Wolfe, and Wolfe Associates, Boston, Mass., were on brief, for plaintiffs, appellants.

Lawrence J. Crowley, Jr., Boston, Mass., with whom Julius Thannhauser, and Riemer & Braunstein, Boston, Mass., were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, ALDRICH, Circuit Judge, and PETTINE, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 14, 1984.

BAILEY ALDRICH, Senior Circuit Judge.

Plaintiffs Harold and Meriba Nadler have appealed from a summary judgment granted in favor of defendant BayBank Merrimack Valley, N.A., a banking institution. The only issue on appeal is whether the court erred in ruling that plaintiffs had failed to show a "genuine issue as to any material fact" necessary to survive BayBank's Rule 56(c) motion for summary judgment...

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