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

Nos. 7523, 7524.

427 F.2d 856 (1970)

FRAMINGHAM TRUST COMPANY, Plaintiff, Appellee, v. GOULD-NATIONAL BATTERIES, INC., Defendant, Appellant. AMERICAN CASUALTY COMPANY, Plaintiff, Appellant, v. FRAMINGHAM TRUST COMPANY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 8, 1970.

Attorney(s) appearing for the Case

Samuel H. Cohen, Boston, Mass., Avram G. Hammer and Cohen & Galvin, Boston, Mass., on brief, for appellant American Cas. Co.

Harry M. Shuman and Berman & Shuman, Boston, Mass., for Gould-National Batteries, appellant.

Joseph L. McQuade, Framingham, Mass., Sheridan & Randall, Framingham, Mass., on brief, for appellee.

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

COFFIN, Circuit Judge.

Sewell & Smith Construction Company (the contractor) agreed to construct a factory addition for Gould-National Batteries, Inc. (the owner) for $133,000.1 Framingham Trust Company (the bank) agreed to provide the financing on the security of an assignment of the contractor's present and future accounts receivable, which financing agreement was duly executed and recorded...

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