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GALLAGHER v. PARK WEST BANK & TRUST CO.

No. Civ.A. 94-30239-MAP.

11 F.Supp.2d 136 (1998)

Susan GALLAGHER, et al., Plaintiffs, v. PARK WEST BANK AND TRUST CO., Defendant. PARK WEST BANK AND TRUST CO., Third-Party Plaintiff, v. Carol A. GALLAGHER, Third-Party Defendant. Carol A. GALLAGHER, Counter-Claimant, v. PARK WEST BANK AND TRUST CO., Counter-Defendant.

United States District Court, D. Massachusetts.

May 20, 1998.

Attorney(s) appearing for the Case

Kevin J. Loftus, East Longmeadow, MA, for plaintiffs.

Samuel A. Marsella, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, for Park West Bank and Trust Company.

Lawrence R. Ehrhard, Springfield, MA, for Carol A. Gallagher.

MEMORANDUM

PONSOR, District Judge.

I. INTRODUCTION

On July 29, 1993 the nine children of Edward R. Gallagher, Sr. brought suit in state court against Park West Bank and Trust Company ("Park West"), claiming that Park West improperly distributed to their stepmother the entire proceeds of a trust established by their father in 1971.

Park West denied any wrongful distribution, but on September 13, 1994 filed a third-party action...

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