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MITCHELL v. GREENWOOD BANK OF BETHEL, INC.

No. 91-CV-0708.

827 F.Supp. 106 (1993)

Robert Kimberly MITCHELL, Jr., Plaintiff, v. GREENWOOD BANK OF BETHEL, INC., Charles V. Austin, James M. Mannion, Arthur J. Mannion, Jr., Edward J. Paradise, Sr., Anthony E. Caraluzzi, Jr., Michael S. Cardillo, Sr., John D. Carroll, Elsie Del Monte, Robert G. Kovacs, Mary G. McCollam and Charles A. Steck, III, Defendants.

United States District Court, N.D. New York.

July 19, 1993.

Attorney(s) appearing for the Case

Fritzsch & Nagel (Craig R. Fritzsch, of counsel), Binghamton, NY, for plaintiff.

Ainsworth, Sullivan, Tracy Knauf, Warner and Ruslander (Colleen M. O'Connell, of counsel), Albany, NY, for Federal Deposit Insurance Corp., as Receiver for defendant Greenwood Bank of Bethel, and its directors and officers.

DECISION and ORDER

McAVOY, Chief Judge.

I. FACTS

This action, commenced on June 21, 1991, was originally brought by First Albany Corporation and Robert Kimberly Mitchell, Jr. ("Mitchell" or "plaintiff") against Greenwood Bank of Bethel, Inc. ("Greenwood Bank"), its present officers and directors and one former director. Thereafter, First Albany Corporation settled with all defendants and withdrew from the lawsuit.

A series of stipulations...

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