KINZEL v. BANK OF AMERICA

No. 16-3355.

850 F.3d 275 (2017)

Richard L. KINZEL, Individually and as Trustee of the Richard L. Kinzel Revocable Trust; Judith A. Kinzel, Individually and as Trustee of the Judith A. Kinzel Revocable Trust, Plaintiffs-Appellants, v. BANK OF AMERICA, et al., Defendants, Merrill Lynch Bank U.S.A.; Merrill Lynch, Pierce, Fenner and Smith, Inc.; Merrill Lynch Bank & Trust Company; Bank of America Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 2, 2017.


Attorney(s) appearing for the Case

ARGUED: W. Patrick Murray , MURRAY & MURRAY, CO., L.P.A., Sandusky, Ohio, for Appellants. Matthew A. Fitzgerald , MCGUIREWOODS LLP, Richmond, Virginia, for Appellees. ON BRIEF: W. Patrick Murray , Dennis E. Murray, Jr. , William H. Bartle , MURRAY & MURRAY, CO., L.P.A., Sandusky, Ohio, for Appellants. Matthew A. Fitzgerald , Lena L. Busscher , MCGUIREWOODS LLP, Richmond, Virginia, for Appellees.

Before: BOGGS, GILMAN, and DONALD, Circuit Judges.


OPINION

The ticker symbol for Cedar Fair Entertainment Company — operator of Cedar Point and other amusement parks — is, fittingly, "FUN," and it thus reveals little about the nature of the collateral-liquidation dispute presently before us.

In April 2008, Richard Kinzel, then CEO of Cedar Fair...

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