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MONUMENT SQUARE ASSOC. v. RESOLUTION TRUST CORP.

Civ. A. No. 90-12060-T.

792 F.Supp. 874 (1991)

MONUMENT SQUARE ASSOCIATES, INC., Plaintiff, v. The RESOLUTION TRUST CORPORATION as receiver for Home Owners Savings Bank, F.S.B. and the Federal Deposit Insurance Corporation, Defendants.

United States District Court, D. Massachusetts.

December 13, 1991.

Attorney(s) appearing for the Case

Jan A. Glassman, Mofenson & Nicoletti, Newton, Mass., for plaintiff.

Ben L. Fernandez, Peabody & Arnold, Boston, Mass., for defendants.

MEMORANDUM

TAURO, Chief Judge.

Plaintiff, Monument Square Associates, Inc. ("Monument Square"), contends that defendant, Resolution Trust Corporation ("RTC"),1 as receiver for Home Owners Savings Bank ("Home Owners"), wrongfully disaffirmed a rental agreement. At issue is the receiver's authority to repudiate contracts under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), 12 U.S.C. § 1821...

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