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INN FOODS, INC. v. EQUITABLE CO-OPERATIVE BANK

No. 94-1670.

45 F.3d 594 (1995)

INN FOODS, INC., d/b/a U.S. Food Service, Plaintiff, Appellant, v. EQUITABLE CO-OPERATIVE BANK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Peter L. Koff with whom Robert J. Diettrich and Davis, Malm & D'Agostine, P.C., Boston, MA, were on brief, for appellant.

Antoinette D. Hubbard with whom Judith Gail Dein and Warner & Stackpole, Boston, MA, were on brief, for appellees.

Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Plaintiff-appellant Inn Foods, Inc. ("Inn Foods"), secured a default judgment in the amount of $1,084,524.13 against Atlantic Brands, Inc. ("Atlantic"). During discovery to determine the availability of assets to satisfy the judgment, Inn Foods learned that Atlantic's president, Paget T. Hodge ("Hodge"), had indorsed a $523,744.18 United States Treasury check ("Treasury check"), payable to Atlantic, for deposit into his personal account at defendant...

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