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KABEALO v. HUNTINGTON NAT. BANK

Nos. 92-4359, 92-4368.

17 F.3d 822 (1994)

Phillip M. KABEALO and Charles L. Kabealo, Plaintiffs-Appellants, Cross-Appellees, v. The HUNTINGTON NATIONAL BANK, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1994.

Attorney(s) appearing for the Case

David A. Ison (argued and briefed), Scott A. Smith, Fusco, Smith & Mathews, Westerville, OH, for Phillip M. Kabealo.

Samuel Ronald Cook, Jr. (argued and briefed), Porter, Wright, Morris & Arthur, Columbus, OH, for Huntington Nat. Bank, and Michael Davis.

Richard Douglas Wrightsel, Emens, Hurd, Kegler & Ritter, Columbus, OH, for Christopher L. White and Donald F. Moorehead.

Before: RYAN and SUHRHEINRICH, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

The plaintiffs appeal from summary judgment in favor of the defendants in this case that arose under the "anti-tying" provisions of the Bank Holding Company Act, 12 U.S.C. § 1971 et seq. (1988) (the Act). The district court held that this action was barred by the Act's four-year statute of limitations, 12 U.S.C. § 1977(1), rejecting the plaintiffs' contention that the statute of limitations was tolled under the facts of the...

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