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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

RICHARD M. BINGAMAN, Plaintiff v. FLEET FINANCIAL CORPORATION, Defendant

) ) ) ) ) ) ) ) )

Civil No. 99-0048-B

RECOMMENDED DECISION Plaintiff has filed a Complaint together with an Application to Proceed In Forma Pauperis. The Application to Proceed In Forma Pauperis is hereby

GRANTED, and Plaintiff may proceed without prepayment of costs or fees or the giving of security therefore. However, the Court concludes that the Complaint is properly DISMISSED for lack of subject matter jurisdiction. Plaintiff's Complaint alleges generally that his bank, Defendant Fleet Financial Corporation, took possession of certain funds from his account following their investigation of a disputed withdrawal. He purports to state claims as a result of this action arising under Maine law, and 15 U.S.C. sections 1692e and 1692f. Both of the federal laws to which Plaintiff refers govern the conduct of "debt collectors." "Debt collectors" for purposes of these statutes are defined as persons who engage in debt

collection on behalf of third parties as a regular business. 15 U.S.C.

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Maine Law