District Court, D. Massachusetts July 18, 2001, CIV. A. 00-40193-NMG (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.

*93

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.