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FIRST NAT. BANK OF BOSTON v. FIDELITY & DEPOSIT CO. OF MARYLAND

Civ. No. 52-689.

107 F.Supp. 894 (1952)

FIRST NAT. BANK OF BOSTON v. FIDELITY & DEPOSIT CO. OF MARYLAND.

United States District Court, D. Massachusetts.

October 10, 1952.

Attorney(s) appearing for the Case

Bingham, Dana & Gould, John T. Hayes, Joseph Ford, Boston, Mass., for plaintiff.

Saul Glassman, Sciberg Glassman & Newman, Boston, Mass., for defendant.

FORD, District Judge.

This is an action by the First National Bank of Boston, as assignee of Narjos Shoe Company, Inc., to recover on a bond for $20,000 executed by Grant-Karzmar Corporation, as principal, and defendant Fidelity and Deposit Company of Maryland, as surety, to pay (to the limit of the bond) such sums as might be owed by Grant-Karzmar to Narjos Shoe, as of May 10, 1952.

Defendant has waived its motion to dismiss, but presses its alternative motion...

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