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MILES v. LIVINGSTONE

No. 5853.

301 F.2d 99 (1962)

Egbert J. MILES, Jr., Plaintiff, Appellant, v. M. Eli LIVINGSTONE, d/b/a Livingstone & Co., Defendant, Appellee.

United States Court of Appeals First Circuit.

March 27, 1962.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on the brief, for appellant.

Mack M. Roberts, Boston, Mass., with whom Melvin Newman, Brookline, Mass., and Roberts, Marshall & Weiss, Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts directing a verdict for the defendant in a civil action to recover prepaid interest on three loans arranged by the defendant, a dealer in government securities, the proceeds of which were to be used by the plaintiff to buy certain government securities from the defendant for the dual purpose of obtaining an advantageous deduction on his...

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