Marine Bank, National Association v. The Meat Counter, Inc., and Patrick Falcone, Joseph Falcone

GRANT, Senior District Judge.

This appeal contests the district court’s grant of summary judgment in a diversity suit brought by the appellant, Marine Bank, to recover sums allegedly due under an equipment lease. Because we conclude that genuine issues of material fact remain, we reverse the judgment of the district court and remand the case for further proceedings.

I

Joseph Falcone has been a butcher since 1938, and since 1956, the principal shareholder of International Meat Co., a closely-held meat cutting business he established with associates. Joseph Falcone cuts meat, while Al LaValle, the…