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U.S. FIDELITY & GUARANTY v. PRIME INVESTORS

6 Mass. App. Ct. 455 (1978)

377 N.E.2d 440

UNITED STATES FIDELITY AND GUARANTY COMPANY vs. N.J.B. PRIME INVESTORS & others.

Appeals Court of Massachusetts, Franklin.

June 28, 1978.

Attorney(s) appearing for the Case

Vincent Galvin (Jerold Newirth with him) for the plaintiff.

Irvin D. Gordon for N.J.B. Prime Investors.

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

KEVILLE, J.

By this action the plaintiff, the surety on a payment and performance bond, seeks reimbursement from the defendant N.J.B. Prime Investors (Investors) for monies allegedly advanced under the bond. Investors filed a motion to dismiss on the grounds that the plaintiff's complaint failed to state a claim upon which relief could be granted (Mass.R.Civ.P. 12[b][6], 365 Mass. 755 [1974]) and that the plaintiff...

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