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NATIONAL SHAWMUT BANK OF BOSTON v. NEW AMSTERDAM CAS. CO.

Civ. A. No. 64-937.

290 F.Supp. 664 (1968)

The NATIONAL SHAWMUT BANK OF BOSTON, Plaintiff, v. NEW AMSTERDAM CASUALTY COMPANY, Inc., Defendant.

United States District Court D. Massachusetts.

September 27, 1968.

Attorney(s) appearing for the Case

W. Bradley Ryan, Guterman, Horvitz & Rubin, Boston, Mass., for plaintiff.

Samuel H. Cohen, Boston, Mass., for defendant.

OPINION

GARRITY, District Judge.

This is a civil action brought by plaintiff National Shawmut Bank of Boston (Bank) against defendant New Amsterdam Casualty Company, Inc. (Surety) to recover a fund of $44,202.05 held in escrow by the latter under an agreement between the parties.

The events leading to the controversy were largely undisputed and stipulated prior to a non-jury trial.1 In 1962 Anderson

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