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ESPINOSA v. DeVASTO

CA No. 92-12625-T.

818 F.Supp. 438 (1993)

Josef A. ESPINOSA, a/k/a Joseph A. Espinosa, et al., Plaintiffs, v. Phillip DeVASTO, et al., Defendants.

United States District Court, D. Massachusetts.

March 30, 1993.

Attorney(s) appearing for the Case

Gerard F. Mackin, Jr., Weymouth, MA, for plaintiffs.

Raymond D. Jennings, Weymouth, MA; Wilbur P. Edwards, Jr., Denzil McKenzie & Co., Cambridge, MA, James B. Levy, F.D.I.C., Franklin Consol. Office, Franklin, MA, Denzil D. McKenzie, McKenzie & Edwards, Cambridge, MA, Jennifer L. French, Sharon J. Howard, Rubinstein & Perry and Robert W. Biederman, Rubinstein & Perry, LLP, Boston, MA, for defendants.

MEMORANDUM

TAURO, Chief Judge.

Presently before the court is a motion by the Federal Deposit Insurance Corporation ("FDIC") to dismiss plaintiffs' claims against it. The FDIC contends that the court lacks subject matter jurisdiction because plaintiffs failed to file a timely administrative claim pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"). For the reasons set forth below, the FDIC's motion to dismiss...

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