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NEW ENG. MERCHANTS NATL. BK. v. OLD COLONY TR.

11 Mass. App. Ct. 539 (1981)

417 N.E.2d 471

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON, administrator, vs. OLD COLONY TRUST COMPANY & others.

Appeals Court of Massachusetts, Suffolk.

March 9, 1981.

Attorney(s) appearing for the Case

Douglas H. Wilkins (Reginald H. Howe with him) for the plaintiff.

Allan van Gestel for the defendants.

Present: GRANT, BROWN, & GREANEY, JJ.

GRANT, J.

This is an action brought against the trustees of a Massachusetts business trust with transferable shares (G.L.c. 182) and their transfer agent by which the plaintiff seeks to recover certain liquidating dividends which the trust declared and paid on its common and preferred shares in 1960 and 1964 in the course of winding up its affairs.1 The case was submitted on a statement of agreed facts2 to...

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