FEDERAL DEPOSIT INS. CORP. v. CAOLO

Civ. A. No. 77-1289-Z.

478 F.Supp. 1185 (1979)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Vito CAOLO et al., Defendants and Third-Party Plaintiffs, v. OLD COLONY BANK OF HAMPDEN COUNTY, N.A., the First National Bank of Boston, and First National Boston Corporation, Third-Party Defendants.

United States District Court, D. Massachusetts.

October 27, 1979.


Attorney(s) appearing for the Case

Robert M. Buchanan, Sullivan & Worcester, Boston, Mass., for plaintiff.

Gael Mahony, David W. Rosenberg, Hill & Barlow, Boston, Mass., for defendants.

Francis H. Fox, Bingham, Dana & Gould, S. Elaine Renfro, Boston, Mass., for third-party defendants.


MEMORANDUM OF DECISION

ZOBEL, District Judge.

Third-party defendants have moved for dismissal of the third-party action for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). The motion to dismiss will be allowed.

Plaintiff, Federal Deposit Insurance Corporation, is the receiver of Chicopee Bank and Trust Company (Chicopee). The defendants (third-party plaintiffs) were the directors of Chicopee. The complaint charges...

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