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FIRST NAT. BANK OF ARIZ. v. PLYMOUTH-HOME NAT. BANK

Civ. A. No. 80-1276-Z.

553 F.Supp. 448 (1982)

FIRST NATIONAL BANK OF ARIZONA, Plaintiff, v. PLYMOUTH-HOME NATIONAL BANK, Defendant/Third-Party Plaintiff, v. William Price, d/b/a Best Paving Company, Third-Party Defendant.

United States District Court, D. Massachusetts.

April 22, 1982.

Attorney(s) appearing for the Case

Edward J. Barshak, Regina E. Roman, Sugarman, Rogers, Barshak & Cohen, Boston, Mass., for plaintiff.

Francis H. Fox, Susan A. Shepard, Amy B. Cohen, Bingham, Dana & Gould, Boston, Mass., for defendant Plymouth.

John T. Spinale, Brockton, Mass., for defendant Price.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

This is an action brought by First National Bank of Arizona (First National) against Plymouth-Home National Bank (Plymouth-Home) to recover the proceeds of a check containing a forged indorsement, resultant finance charges, interest and expenses, including attorney's fees. Jurisdiction is based on diversity of citizenship. First National has moved for summary judgment on Count I of the complaint, which alleges...

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