ANDOVER SAVINGS BANK v. CO-OPERATIVE CENTRAL BANK


406 Mass. 409 (1990)

548 N.E.2d 852

ANDOVER SAVINGS BANK & another vs. THE CO-OPERATIVE CENTRAL BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

January 9, 1990.


Attorney(s) appearing for the Case

Michael J. Tuteur (Gregory A. Bibler with him) for the plaintiffs.

William F. Looney, Jr. (Robert C. Barber with him) for the defendant.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


NOLAN, J.

In a verified complaint, the plaintiffs sought injunctive relief, an accounting, declaratory judgment and damages for restitution, money had and received, return of assessments, and "distribution of surplus from a common fund for mutual insurance." The defendant filed a motion for summary judgment as to count 1 which is a claim on the share insurance fund (fund) based on St. 1934, c. 73, § 9. The motion was...

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