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ANNUNZIATA v. FIRST NATIONAL BANK OF BOSTON

Civ. A. No. 57-928-A.

157 F.Supp. 674 (1957)

Thomas ANNUNZIATA and Estelle Annunziata v. The FIRST NATIONAL BANK OF BOSTON and Julius Kaplan.

United States District Court D. Massachusetts.

December 18, 1957.

Attorney(s) appearing for the Case

Solomon Mondlick, Boston, Mass., for plaintiff.

Bingham, Dana & Gould, Joseph H. B. Edwards, Abraham Margolis, Boston, for defendant.

ALDRICH, District Judge.

This is a motion to dismiss. Plaintiff alleges that Fred Pittera Associates, Inc., hereinafter called Associates, had a checking account with the defendant bank; that by vote of the Associates, of which the bank was duly notified, checks could be drawn on its behalf by the defendant Kaplan, but only if countersigned by the plaintiff; that by separate agreement, of which it does not appear that the bank was informed, Associates

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