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EMERY-WATERHOUSE CO. v. R.I. HOSP. TRUST NAT. BANK

Nos. 84-1123, 84-1162.

757 F.2d 399 (1985)

The EMERY-WATERHOUSE COMPANY, Plaintiff, Appellee, v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK, et al., Defendants, Appellants. The EMERY-WATERHOUSE COMPANY, Plaintiff, Appellant, v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 11, 1985.

Attorney(s) appearing for the Case

Carl K. King, Boston, Mass., with whom Peter S. Brooks and Goldstein & Manello, Boston, Mass., were on brief for Rhode Island Hosp. Trust Nat. Bank.

Robert J. Piampiano, Portland, Me., with whom Michael P. Boyd, Richardson, Tyler & Troubh, Portland, Me., John T. Walsh, Jr. and Higgins, Cavanagh & Cooney, Providence, R.I., were on brief for Emery-Waterhouse Co.

Before BREYER, Circuit Judge, McGOWAN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Circuit Judge.

The Rhode Island Hospital Trust National Bank ("Hospital Trust Bank") appeals a federal district court's findings that it acted unlawfully — indeed, that it acted wilfully, recklessly, wickedly, or criminally — when it took and failed to return $139,700 belonging to the Emery-Waterhouse Company ("Emery"). After reviewing the record with care and considering appellant's legal arguments, we conclude that the decisions of the judge...

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