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WEST OF ENGLAND SHIP OWNERS v. PATRIARCH S.S. CO.

Civ. A. Nos. 71-1019-G, 71-1020-G.

491 F.Supp. 539 (1980)

The WEST OF ENGLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG), Plaintiff, v. PATRIARCH STEAMSHIP COMPANY and Newton Waltham Bank and Trust Company, Defendants. The WEST OF ENGLAND SHIP OWNERS MUTUAL INSURANCE ASSOCIATION (LONDON) LIMITED, Plaintiff, v. PATRIARCH STEAMSHIP COMPANY and Newton Waltham Bank and Trust Company, Defendants.

United States District Court, D. Massachusetts.

June 17, 1980.

Attorney(s) appearing for the Case

Leo F. Glynn, Boston, Mass., for plaintiff.

Thomas H. Walsh, Jr., Bertram Snyder, Bingham, Dana & Gould, Boston, Mass., for Newton Waltham Bank.

Poster, Wilinsky, Goldstein, Burkin & Wennett, Boston, Mass., for Patriarch Steamship Co.

MEMORANDUM OF DECISION

GARRITY, District Judge.

These cases call for a determination of the rights of various parties in a fund of $73,000 now held in escrow by defendant Newton-Waltham Bank & Trust Company. They were consolidated; and liability issues were separated from those pertaining to damages and tried without a jury. The underlying facts are undisputed.

In 1965 the Newton-Waltham Bank & Trust Company (hereinafter referred to as "Bank...

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