Marengo v. First Massachusetts Bank, N.A.

MEMORANDUM AND ORDER

GORTON, District Judge.

This case arises out of the setoff by defendant of plaintiffs’ bank account. Pending before this Court is defendant’s motion to dismiss for failure to state a claim upon which relief can be granted (Docket No. 4).

I. Background

Plaintiffs, Ralph and Vona Marengo (“the Marengos”), are elderly, disabled individuals. In the 1970s, Mr. Marengo opened a checking account and an unsecured line of credit with Shawmut Bank. When Shawmut Bank was acquired by Fleet Bank, defendant, First Massachusetts Bank (“FMB”), assumed operations of the former Shawmut Bank…