COMMISSIONER OF BANKS v. FITCHBURG CO-OPERATIVE BANK


329 Mass. 401 (1952)

108 N.E.2d 542

COMMISSIONER OF BANKS vs. FITCHBURG CO-OPERATIVE BANK & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 1952.


Attorney(s) appearing for the Case

John P. Clair, (James S. O'Connell & Zangwill Sher with him,) for the plaintiff.

Anthony Julian, (Benjamin Flaum & James H. Walsh, Jr., with him,) for the defendants.

Present: QUA, C.J., RONAN, WILKINS, & SPALDING, JJ.


SPALDING, J.

On September 24, 1951, the board of directors of the Fitchburg Co-operative Bank (hereinafter called the defendants) voted unanimously to convert the bank into a Federal savings and loan association. Taking the position that certain acts of the defendants (of which more will be said later) were illegal and vitiated the purported conversion, the commissioner of banks brought this bill in equity for declaratory...

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