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COSTA v. RESOLUTION TRUST CORP.

Civ. A. No. 91-10668-K.

789 F.Supp. 43 (1991)

Michael A. COSTA and Phyllis C. Costa, Plaintiffs, v. RESOLUTION TRUST CORPORATION, in its Capacity as Receiver for Comfed Savings Bank, F.A., International Realty Corporation, Vincent J. Crupi, Resolution Trust Corporation, in its Capacity as Conservator for Imperial Federal Savings Association, and Resolution Trust Corporation, in its Capacity as Conservator for Comfed Savings Bank, Defendants.

United States District Court, D. Massachusetts.

March 14, 1991.

Attorney(s) appearing for the Case

Mitchell Garabedian, William H. Gordon, Boston, Mass., for plaintiffs.

Robert J. Hoffer, Barron & Stadfeld, Daniel S. Tarlow, Glovsky & Associates, Boston, Mass., for defendants.

MEMORANDUM

KEETON, District Judge.

Pending before the court is plaintiffs' motion for preliminary injunction restraining the Resolution Trust Corporation ("RTC") from proceeding with a foreclosure sale of condominium units of which plaintiffs are record owners, in satisfaction of purchase money loans allegedly affected by fraud of depository institutions for which RTC is now receiver or conservator.

RTC contends that equitable relief is precluded...

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