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SHAWMUT WORCESTER COUNTY BANK v. FIRST AMER. BANK

Civ. A. No. 87-0048-XX.

731 F.Supp. 57 (1990)

SHAWMUT WORCESTER COUNTY BANK, Plaintiff, v. FIRST AMERICAN BANK & TRUST, Michael Woods, and Joseph Merle, Defendants.

United States District Court, D. Massachusetts.

February 5, 1990.

Attorney(s) appearing for the Case

A.W. David LaVigne, Boylston, Mass., for plaintiff.

John J. Rosenberg, Friedman & Atherton, Boston, Mass., and Peter W. Homer and Marjorie E. Murphy, Greer, Homer, Cope & Bonner, P.A., Miami, Fla., for defendants.

Oliver C. Mitchell, Jr., Ravech, Aronson & Shuman, Boston, Mass., for Joseph Merle.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action arises out of an error made by the plaintiff, the Shawmut Worcester County Bank ("Shawmut" or "transferor"). As is often the case with bank errors concerning money, restoring the status quo ante is somewhat more complicated than the slip that created the problem. In the instant case, Shawmut mistakenly transferred $10,000 from the account of American Optical Corporation, not a party to this action...

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