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FEDERAL INS. CO. v. FIRST NAT. BANK OF BOSTON

No. 80-1293.

633 F.2d 978 (1980)

FEDERAL INSURANCE COMPANY, Plaintiff, Appellant, v. The FIRST NATIONAL BANK OF BOSTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Leonard F. Clarkin, Boston, Mass., with whom Barbara Bruce Williams, and Haussermann, Davison & Shattuck, Boston, Mass., were on brief, for plaintiff, appellant.

Daniel L. Goldberg, Boston, Mass., with whom Amy B. Cohen, and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, WYZANSKI, Senior District Judge, and KEETON, District Judge.

WYZANSKI, Senior District Judge.

In this diversity of citizenship action, brought pursuant to 28 U.S.C. § 1332, the critical question is whether the plaintiff has a Massachusetts common law cause of action for money had and received. There is no genuine dispute as to the following material facts.

The plaintiff, Federal Insurance Company (Federal Insurance), is a New York corporation; the defendant, The First National Bank of Boston (FNBB) is a national...

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