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FIRST FED. S & L v. MERRIMACK VALLEY NATL. BK.

5 Mass. App. Ct. 320 (1977)

362 N.E.2d 939

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION vs. MERRIMACK VALLEY NATIONAL BANK & others.

Appeals Court of Massachusetts, Middlesex.

May 16, 1977.

Attorney(s) appearing for the Case

James F. Freeley, Jr., for the plaintiff.

Francis H. Fox (Zachary R. Karol with him) for First National City Bank of New York.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

HALE, C.J.

The plaintiff brought this action seeking rescission of an assignment of a note, secured by a mortgage of real estate in Worcester and by a security agreement in certain personal property, and damages, alleging that it was induced to accept the assignment by the fraud of the defendants. The defendant First National City Bank of New York (Citibank) filed a "Motion to Quash Service and to Dismiss" pursuant to Mass.R.Civ.P. 12 (b) (2) (3), 365 Mass. 755 (1974...

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