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RESOLUTION TRUST CORP. v. HARRISON

Civ. A. No. 92-11012-JLT.

871 F.Supp. 523 (1994)

RESOLUTION TRUST CORPORATION as Liquidating Agent for and Receiver of Sentry Federal Savings Bank, Plaintiff, v. Stephen G. HARRISON, David L. Kenney and Mark L. Eaton, Individually and as Trustees of HBK Realty Trust, and Karen L. Miller, Defendants, and B.E.K. Builders, Inc., Reach and Apply Defendant, and Plymouth Savings Bank and Cape Cod Bank & Trust Company, Trustees.

United States District Court, D. Massachusetts.

August 15, 1994.

Attorney(s) appearing for the Case

Linda M. Grasso, William J. Gustus, Tedeschi, Grasso & Mortensen, Boston, MA, for plaintiff.

Michael J. Murphy, O'Malley & Pizzuti, Hyannis, MA, for Mark L. Eaton, Karen L. Miller.

MEMORANDUM

TAURO, Chief Judge.

I.

Background

On April 2, 1990, Sentry Federal Savings Bank initiated this action in Plymouth County Superior Court to recover $724,000.00 due on a promissory note, plus interest, costs, and attorneys' fees. The note was executed and delivered by defendant HBK Realty Trust and its trustees, defendants Stephen B. Harrison, Mark L. Eaton and David L. Kenney.1

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