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BOMBARDIER CAPITAL v. KEY BANK OF MAINE

639 A.2d 1065 (1994)

BOMBARDIER CAPITAL, INC. v. KEY BANK OF MAINE, et al.

Supreme Judicial Court of Maine.

Decided April 8, 1994.

Attorney(s) appearing for the Case

Carl E. Kandutsch (orally), Verrill & Dana, Portland, for plaintiff.

Jonathan T. Harris (orally), Black, Lambert, Coffin & Rudman, Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN and CLIFFORD, JJ.

WATHEN, Chief Justice.

Defendant Key Bank of Maine (the "Bank") appeals from a summary judgment entered in favor of plaintiff Bombardier Capital, Inc. ("Bombardier") in the Superior Court (Kennebec County, Chandler, J.). The court ruled that the Bank converted Bombardier's funds and assessed damages of $45,073.84. Both parties have a security interest in proceeds deposited in a commingled checking account. At issue is the measure of Bombardier's damages for...

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