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MELLON BANK, N.A. v. TERNISKY

No. 92-2241.

999 F.2d 791 (1993)

MELLON BANK, N.A., Indenture Trustee, Plaintiff-Appellee, v. Michael J. TERNISKY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1993.

Amended by Order Filed August 4, 1993.

Attorney(s) appearing for the Case

Donald F. Mintmire, Mintmire, Alagia, Day, Trautwein & Smith, Palm Beach, FL, argued (Vanessa M. Moore, on brief), for defendant-appellant.

Ira Steven Lefton, Reed, Smith, Shaw & McClay, Philadelphia, PA, argued (Henry F. Reichner, Reed, Smith, Shaw & McClay, Philadelphia, PA, Thomas P. Murphy, Reed, Smith, Shaw & McClay, McLean, VA, on brief), for plaintiff-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

SPROUSE, Senior Circuit Judge:

Mellon Bank, serving as an indenture trustee, brought this action to collect on a mortgage note executed by Michael Ternisky in connection with his purchase of a condominium at a ski resort. Ternisky contended that collection of the note was barred because the condominium salesmen had defrauded him. Before Mellon filed this action, Ternisky sued Mellon for fraud in federal district court in Pennsylvania; that court...

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