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SIMONDS v. GUARANTY BANK & TRUST CO.

Civ. No. 74-1105-K.

492 F.Supp. 1079 (1979)

Harlan K. SIMONDS, Jr., Plaintiff, v. GUARANTY BANK & TRUST CO. and James E. Smith, Comptroller of the Currency, Defendants.

United States District Court, D. Massachusetts.

On Motion to Dismiss April 30, 1980.

Attorney(s) appearing for the Case

Edward H. Comer and Bruce J. Terris, Washington, D. C., Charles D. Bent, Fitchburg, Mass., Patricia G. Curtin, Steve Moulton, Moulton & Looney, Boston, Mass., for plaintiff, Harlan K. Simonds, Jr.

Herrick & Smith, William Shields, III, Boston, Mass., for Guaranty Bank & Trust Co.

Charles K. Mone, Asst. U. S. Atty., Boston, Mass., for U.S.A.

MEMORANDUM

KEETON, District Judge.

This case is before the court on plaintiff's motion for summary judgment and defendant Comptroller's motion for judgment on the pleadings or, alternatively, for summary judgment. Defendant Bank has filed a memorandum in opposition to plaintiff's motion for summary judgment and in support of defendant Comptroller's motion for summary judgment but has not itself formally moved for summary judgment.

I. Procedural...

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