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TAYLOR v. FIRST OF AMERICA BANK-WAYNE

No. 91-2134.

973 F.2d 1284 (1992)

Sidney E. TAYLOR; Taylor Tool & Die Manufacturing, Inc., a Michigan corporation; and Taylor Investment, Inc., a Michigan corporation, Plaintiffs-Appellants, v. FIRST OF AMERICA BANK-WAYNE, a National Banking corporation; First of America Bank-Southeast Michigan, N.A., a National Banking corporation; John Dawson; George Schuster; Cyb Tool & Die, a Michigan corporation; Frederick Cyb; Mark IV, Inc., a Michigan corporation; Ronald Cyb; Dennis E. Wertheimer & Associates, Ltd., a Michigan corporation; and Dennis E. Wertheimer, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 28, 1992.

Rehearing and Rehearing Denied October 20, 1992.

Attorney(s) appearing for the Case

Lawrence C. Atorthy (briefed), Kenneth B. Morgan (argued and briefed), Seyburn, Kahn, Ginn, Bess & Howard, Southfield, Mich., for plaintiffs-appellants.

Gregory M. Kopacz (argued), Michael P. Cooney (briefed), Dykema & Gossett, Detroit, Mich., Bruce T. Wallace (briefed), Hooper, Hathaway, Price, Beuche & Wallace, Ann Arbor, Mich., James E. Romzek (argued), Michael A. Nedelman (briefed), Nedelman, Romzek, Smith & Frank, Southfield, Mich., for defendants-appellees.

Before: GUY, BOGGS, and SILER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 20, 1992.

SILER, Circuit Judge.

This lender liability action arises from the unsuccessful attempt of Sidney E. Taylor ("Sidney"), through Taylor Tool & Die Manufacturing, Inc., and Taylor Investment, Inc. (collectively "Taylor Companies"), to purchase Cyb Tool & Die, Inc., and Mark IV, Inc. (collectively "Cyb Companies"). The issues are whether the district court properly: (1) denied plaintiffs' motion...

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