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BOWLING GREEN, INC. OF SOMERSWORTH, N. H. v. STATE STREET B. & T. CO. OF BOSTON

Civ. A. No. 67-458.

307 F.Supp. 648 (1969)

BOWLING GREEN, INC. OF SOMERSWORTH, NEW HAMPSHIRE, Plaintiff, v. STATE STREET BANK AND TRUST COMPANY OF BOSTON, MASSACHUSETTS, Defendant.

United States District Court D. Massachusetts.

September 30, 1969.

Attorney(s) appearing for the Case

Bernard P. Rome, Marcus E. Cohn, Wasserman & Salter, Boston, Mass., for plaintiff.

Charles C. Craig, Craig & Craig, Boston, Mass., for defendant.

MEMORANDUM

FRANK J. MURRAY, District Judge.

This is a diversity action seeking to hold defendant State Street Bank and Trust (the "Bank") as constructive trustee of certain funds. The action was tried to the court without a jury. At the close of plaintiff's case, defendant moved to dismiss the action under Fed.R.Civ.P. 41(b). Defendant offered no evidence. This memorandum contains the findings and conclusions of the court. See Fed.R. Civ.P. 52(a)...

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