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NOWELL v. NOWELL

No. 7316.

417 F.2d 902 (1969)

Iris Calder NOWELL, Plaintiff, Appellant, v. Ames NOWELL et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

November 17, 1969.

Attorney(s) appearing for the Case

Mark A. Michelson, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for appellant.

Stephen A. Moore, Boston, Mass., for National Shawmut Bank of Boston, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This case raises the question whether a non-resident plaintiff who has a foreign judgment against a non-resident defendant of another state may institute an action in the federal court by making an attachment, legal or equitable, upon funds held by a local trustee of a trust of which the defendant is the life beneficiary. The district court dismissed the action, 296 F.Supp. 640, and plaintiff appeals.

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