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MERRILL LYNCH GOV. SEC., INC. v. FIDELITY MUT. SAV. BK.

No. 74 Civ. 1964.

396 F.Supp. 318 (1975)

MERRILL LYNCH GOVERNMENT SECURITIES, INC., Plaintiff, v. FIDELITY MUTUAL SAVINGS BANK, Defendant.

United States District Court, S. D. New York.

April 30, 1975.

Attorney(s) appearing for the Case

Rogers & Wells, New York City, for plaintiff; Howard G. Kristol, John H. Carley, New York City, of counsel.

Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for defendant; William D. Symmes, Spokane, Wash., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, a Delaware corporation, instituted this action against defendant, a mutual savings bank incorporated in the State of Washington, to recover damages for breach of an option or standby contract to purchase government-backed mortgage securities.

Initially, plaintiff commenced the action by personal service of the summons and complaint upon defendant's Treasurer in the State of Washington. The defendant...

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