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SAVOIE v. MERCHANTS BANK

Nos. 171, 356, Dockets 97-9032, 97-9414.

166 F.3d 456 (1999)

Leon J. SAVOIE and Marion Savoie, Plaintiffs-Appellants-Cross-Appellees, v. MERCHANTS BANK, Merchant Bancshares, Inc., Merchants Trust Company, Dudley H. Davis, William K. Mulhern, Susan J. Moses, Bruce Butterfield, Raymond C. Pecor, Jr., Fred G. Smith and Robert A. Skiff, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

Dennis J. Johnson, South Burlington, VT (L. Randolph Amis, III, Burlington, VT, on the brief), for Plaintiffs-Appellants-Cross-Appellees.

Robert B. Hemley, Burlington, VT (Norman Williams, Gravel and Shea, on the brief), for Defendants-Appellees-Cross-Appellants.

Before: NEWMAN and JACOBS, Circuit Judges, and BURNS, District Judge.

JACOBS, Circuit Judge:

In this putative class action, filed in 1994, plaintiff Leon Savoie1 sued defendants Merchants Bank and various related entities (collectively, "Merchants") in connection with their ruinous investment of customer funds in the Piper Jaffray Institutional Government Income Portfolio ("Piper Fund"). Shortly after commencement of suit, Merchants paid $9.2 million to reimburse customers for their losses in the Piper Fund...

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