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FIRST CITY NAT. BANK AND TRUST CO. v. SIMMONS

Nos. 1033, 1035, Dockets 89-7111, 89-7055.

878 F.2d 76 (1989)

FIRST CITY NATIONAL BANK AND TRUST COMPANY, Plaintiff-Appellant, v. Freddy L. SIMMONS, and Herman Carter Moody, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 26, 1989.

Attorney(s) appearing for the Case

Richard M. Kraver, Eileen Malunowicz, of counsel, Kraver & Levy, New York City, for plaintiff-appellant.

Roman Badiak, New York City (Badiak & Will, New York City, of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, ALTIMARI and MAHONEY, Circuit Judges.

ALTIMARI, Circuit Judge:

These two separate appeals, which we have consolidated for purposes of this opinion, are from orders entered in the United States District Court for the Southern District of New York (Haight and Duffy, JJ.). Plaintiff-appellant First City National Bank and Trust Co. ("FCNB") commenced the underlying diversity action against defendants-appellees Freddy L. Simmons, 88 Civ. 3117 (S.D.N.Y.1988)...

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