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McLAUGHLIN v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

345 Mass. 555 (1963)

188 N.E.2d 552

GEORGE A. McLAUGHLIN & another, trustees in bankruptcy, vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 6, 1963.

Attorney(s) appearing for the Case

Jules E. Angoff (Walter J. Hurley with him) for the United States Trust Company.

John C. Kane for the New England Telephone and Telegraph Company.

M. Arthur Gordon (Julius Thannhauser with him) for the plaintiffs; Daniel B. Bickford, Assistant United States Attorney, also with him.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

CUTTER, J.

This is a bill in equity, filed by the trustees in bankruptcy (the bankruptcy trustees) of Charles A. Mogavero Co., Inc. (Mogavero), for declaratory relief concerning a fund of $63,758.44 paid into court by the telephone company (Telephone). The fund is claimed by the bankruptcy trustees and by United States Trust Company (the bank) under purported assignments to it by Mogavero. An involuntary petition in bankruptcy...

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