| COUNT III: | fraud in connection with $1.6 million loan |
against defendants ComFed and Furey
| COUNT IV: | breach of fiduciary duty with respect to $1.6 |
million dollars (against defendants ComFed and Furey) this count
was waived by plaintiffs prior to submission of case to jury.
| COUNT V: | breach of contract relating to the forward |
commitment in relation to the payment of $65,000.00 in interest
(against defendant ComFed)
| COUNT VI: | breach of fiduciary duty with respect to the |
forward commitment in relation to the payment of $65,000.00 in
interest; constructive trust (against defendants ComFed and Furey).
This count was waived by plaintiffs prior to submission of case to
the jury.
| COUNT VII: | interference with advantageous business |
relation (against ComFed and Furey)
| COUNT VIII: | unfair and deceptive trade practices (against |
ComFed)
| COUNT IX: | intentional infliction of emotional distress |
by plaintiff Rhetta Sweeney (against ComFed and Furey).
| Prior to trial upon the plaintiffs' application and after |
hearing, the court issued a preliminary injunction against ComFed precluding that bank from foreclosing on the $1.6 million loan which was in default. A memorandum of this court was filed at that time and is docketed as No. 47. Said preliminary injunction is still in force. On March 16, 1990, the plaintiff waived Counts IV
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