FRAMINGHAM TRUST CO. v. GOULD-NATIONAL BATTERIES, INC.

Civ. A. Nos. 67-936, 68-207.

307 F.Supp. 1008 (1969)

FRAMINGHAM TRUST COMPANY v. GOULD-NATIONAL BATTERIES, INC. AMERICAN CASUALTY COMPANY v. FRAMINGHAM TRUST COMPANY.

United States District Court D. Massachusetts.

December 30, 1969.


Attorney(s) appearing for the Case

Joseph L. McQuade, Sheridan & Randall, Framingham, Mass., for Framingham Trust Co.

Samuel H. Cohen, Cohen & Galvin, Harry M. Shuman, Boston, Mass., for Gould National Batteries, Inc.

Samual H. Cohen, Boston, Mass., for American Cas. Co.

Harry Shuman, Boston, Mass., for Gould National Batteries, Inc.

George F. Mahoney, Boston, Mass., for Langan.

Joseph L. McQuade, Framingham, Mass., for Framingham Trust Co.


OPINION

GARRITY, District Judge.

This is a diversity action brought under the Declaratory Judgments Act, 28 U.S.C. § 2201. The matter is presently before the court on crossmotions for summary judgment. At issue are the rights to unpaid contract balances and retainages in the hands of an owner at the time of default by a contractor. The plaintiff, American Casualty Company ("the Surety"), claims the funds in question under the doctrine of equitable subrogation...

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