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MICHELIN TIRES, ETC. v. FIRST NAT. BANK OF BOSTON

No. 80-1830.

666 F.2d 673 (1981)

MICHELIN TIRES (CANADA) LTD., Plaintiff, Appellant, v. FIRST NATIONAL BANK OF BOSTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 4, 1981.

Attorney(s) appearing for the Case

Ralph Arnoldy, P.C., Boston, Mass., with whom Allen S. Feinstein, and Arnoldy & Wilcon, P. A., Boston, Mass., were on brief, for appellant.

James F. McHugh, Boston, Mass., with whom S. Elaine Renfro and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and MAZZONE, District Judge.

MAZZONE, District Judge.

This appeal is from a district court's denial of restitution to the plaintiff, a contractual obligor, of monies mistakenly paid to the defendant, an assignee of contract rights. We begin with a summary of the record.

Michelin Tires (Canada) Ltd. ("Michelin"), a Canadian corporation based in New Glascow, Nova Scotia, and J. C. Corrigan, Inc. ("JCC"), a building contractor, entered into an agreement...

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