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GREATER BUFFALO PRESS v. FEDERAL RESERVE BANK

No. 141, Docket 88-7328.

866 F.2d 38 (1989)

GREATER BUFFALO PRESS, INC., Individually, and as payee and holder and on behalf of each other similarly situated payee and holder on Appendix A; of returned or non-paid checks or cash items drawn by Neisner Brothers, Inc., on Chase Lincoln First Bank, N.A. (formerly The Lincoln First Bank), Plaintiffs-Appellants, v. FEDERAL RESERVE BANK OF NEW YORK, and the Buffalo, New York Branch thereof; John T. Keane, Individually, and as Officer and Manager thereof, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 18, 1989.

Attorney(s) appearing for the Case

Arnold Weiss, Buffalo, N.Y. (Raichle, Banning, Weiss & Stephens, Buffalo, N.Y., of counsel), for plaintiffs-appellants.

Thomas C. Baxter, Jr., Associate Gen. Counsel, Federal Reserve Bank of New York, New York City (Ernest T. Patrikis, General Counsel, Steven T. Smith, Federal Reserve Bank of New York, New York City, Brian J. Troy, Ronald A. Huebsch, Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., of counsel), for defendants-appellees.

Before MESKILL, KEARSE and MAHONEY, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Curtin, C.J., granting the summary judgment motion of the Federal Reserve Bank of New York (Fed NY) and John T. Keane and dismissing the complaint.

The suit also included as a defendant Marine Midland Bank, N.A. (Marine). Marine's own motion for dismissal was granted by the district court; plaintiffs do not appeal from...

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