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SIMONDS v. GUARANTY BANK & TRUST CO.

Civ. A. No. 74-1105-K.

480 F.Supp. 1257 (1979)

Harlan K. SIMONDS, Jr., Plaintiff, v. GUARANTY BANK & TRUST CO. and James E. Smith, Comptroller of the Currency, Defendants.

United States District Court, D. Massachusetts.

December 6, 1979.

Attorney(s) appearing for the Case

Edward H. Comer, Bruce J. Terris, Washington D.C., Charles D. Bent, Fitchburg, Mass., Patricia G. Curtin, Stephen Moulton, Moulton & Looney, Boston, Mass., for plaintiff.

Herrick & Smith, William Shields III, Boston, Mass., for Guaranty Bank & Trust Co.

Charles K. Mone, Asst. U. S. Atty., Boston, Mass., for USA.

Memorandum

KEETON, District Judge.

I.

In this action, liability of the defendant Guaranty Bank & Trust Co. to the plaintiff in some amount is and always has been undisputed. The controversy is over the amount due, which (apart from claims for interest and attorneys fees) turns on the appraised value of 402 shares of stock in the First National Bank of Winchendon as of December 4, 1972, the date of a Winchendon shareholders' meeting authorizing...

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