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VESCIO v. MERCHANTS BANK

No. 2:99CV317.

272 B.R. 413 (2001)

Pasquale VESCIO and Vatsala Vescio, Counterclaim Plaintiffs, v. The MERCHANTS BANK, Counterclaim Defendant.

United States District Court, D. Vermont.

October 10, 2001.

Attorney(s) appearing for the Case

Scot L. Kline, Miller, Eggleston, & Cramer, Ltd., Burlington, VT, John H. Henn, Foley, Hoag & Eliot LLP, Boston, MA, for Merchants Bank.

Robert K. Reis, Webber, Reis, Holler & Urso, LLP, Jess Thomas Schwidde, Glinka & Schwidde, S. Stacy Chapman, III, Chapman & Kupferer, Ltd., Rutland, VT, Lisa L. Chalidze, Miller, Faignant & Behrens, P.C., for Pasquale J. Vescio and Vatsala Vescio.

Melissa A.D. Ranaldo, AUSA, Office of the United States Attorney, Burlington, VT, for Federal Deposit Insurance Corporation and Board of Governors of the Federal Reserve System.

John Joseph Kennelly, Pratt, Vreeland, Kennelly, Martin & White, Ltd., Rutland, VT, for Southeast Investments, Inc.

Jacob Benjiman Perkinson, Johnson & Perkinson, South Burlington, VT, for Ronald Ferris and Herman Holmes.

Julie D.M. Sovern, Vermont Department of Banking, Insurance, Securities and Health Care Administration, Montpelier, VT, for State of Vermont, Commissioner of the Department of Banking, Insurance, Securities and Health Care Administration.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SESSIONS, District Judge.

This adversary proceeding arose out of Counterclaim Plaintiffs' failed attempt, with over $1.76 million in financing from Defendant The Merchants Bank ("TMB" or "the Bank") and more than $300,000 from unsecured creditors, to build and operate a grocery store on a parcel of real estate known as "Brattleboro West Phase II" in Brattleboro, Vermont. At issue is a lending relationship between...

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