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HACKEL v. F.D.I.C.

Civ. A. No. 92-10031-EFH.

858 F.Supp. 289 (1994)

Allan R. HACKEL, Individually and as Trustee of Hackel Properties Trust, Plaintiff/Defendant-in-Counterclaim, v. FEDERAL DEPOSIT INSURANCE CORPORATION, As Liquidating Agent of Capitol Bank and Trust Company, Defendant/Plaintiff-in-Counterclaim.

United States District Court, D. Massachusetts.

July 21, 1994.

Attorney(s) appearing for the Case

Mark A. Berthiaume, Goldstein & Manello, Boston, MA, for plaintiff.

Clark van der Velde, F.D.I.C., Franklin, MA, Jonathan W. Fitch, Andrea Peraner-Sweet, Sally & Fitch, Boston, MA, for defendant.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

This is a civil action, tried to the Court sitting without a jury, in which the Plaintiff/Defendant-in-Counterclaim, Allan R. Hackel ("Hackel"), seeks a Court Declaration that he is not obligated to perform under a certain note and guaranty due to the alleged breach of a related commercial lease by the Defendant/Plaintiff-in-Counterclaim, Federal Deposit Insurance Corporation ("FDIC"). In response,...

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