Durham, Inc. v. Vanguard Bank & Trust Co.

PATRICK E. CARR, District Judge.

This matter is before the Court on defendant’s motion to reconsider the Court’s Minute Entry of May 18, 1994, denying defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), or for summary judgment. Determining in its discretion that oral argument is not necessary, the Court CANCELED the hearing previously scheduled, and considered the matter on the memoranda. For the reasons that follow, the Court now GRANTS in part the motion to reconsider, and DENIES the motion to dismiss or for summary judgment.

BACKGROUND

In January of 1990, ir…