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LAYNE v. BANK ONE, KY., N.A.

No. 03-6062.

395 F.3d 271 (2004)

R. Geoff LAYNE; Charles E. Johnson, Jr., Plaintiffs-Appellants, v. BANK ONE, KENTUCKY, N.A.; Banc One Securities Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2005.

Attorney(s) appearing for the Case

Mason L. Miller, Getty & Mayo, Lexington, Kentucky, for Appellant.

Dustin E. Meek, Tachau, Maddox, Hovious & Dickens, Louisville, Kentucky, for Appellees.

Mason L. Miller, Richard A. Getty, Getty & Mayo, Lexington, Kentucky, for Appellant.

Dustin E. Meek, Mary E. Eade, Tachau, Maddox, Hovious & Dickens, Louisville, Kentucky, Leonard A. Gail, Bank One, Chicago, Illinois, for Appellees.

Before: MARTIN and MOORE, Circuit Judges, BELL, Chief District Judge.

MOORE, Circuit Judge.

Plaintiff-Appellant, Charles E. Johnson, Jr. ("Johnson"), appeals the district court's grant of summary judgment in favor of Defendants-Appellees, Bank One, Kentucky, N.A. and Banc One Securities Corporation (collectively, "Bank One"). The district court found that under Kentucky law, Bank One was not liable for the depreciation in value of the shares it held as collateral for a loan to Johnson. Furthermore, the district court found that by selling...

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