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LIBERTY MUTUAL INS. v. A.C. MARTINELLI ROGERS PLASTIC

344 Mass. 498 (1962)

183 N.E.2d 106

LIBERTY MUTUAL INSURANCE COMPANY vs. A.C. MARTINELLI ROGERS PLASTIC CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 7, 1962.

Attorney(s) appearing for the Case

Arthur T. Wasserman (Joseph Landis with him) for the A.C. Martinelli Rogers Plastic Corporation.

Bertram A. Sugarman (Edward J. Barshak with him) for the plaintiff.

Harold Katz for the Ayer Chemicals, Inc. & others.

Louis F. Eaton, Jr. (Brian T. Callahan with him) for the Merrimack Valley National Bank.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

SPIEGEL, J.

The plaintiff brings this bill in equity under G.L.c. 231A to determine the rights and liabilities between all of the parties arising out of allegations by the defendant A.C. Martinelli Rogers Plastic Corporation (hereinafter called Rogers) that certain checks received by it from various retail chain stores between about April 18, 1958, and about February 6, 1959, were fraudulently diverted by the defendant Albert C. Metcalf, its employee at that time...

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