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FLORIDA REALTY TRUST v. F.D.I.C.

Civ. A. No. 92-40070-NMG.

871 F.Supp. 85 (1994)

FLORIDA REALTY TRUST, et al., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of New Heritage Bank, Defendant.

United States District Court, D. Massachusetts.

December 16, 1994.

Attorney(s) appearing for the Case

Stephen J. Gordon, Worcester, MA, Robert V. Eberle, Saugus, MA, for plaintiffs.

David A. Talman, Talamo, Phillips, Silver & Talman, Worcester, MA, for defendant.

MEMORANDUM AND ORDER

GORTON, District Judge.

The plaintiffs, Michael and Sheila Miller, and Florida Realty Trust (of which Michael Miller is trustee), brought this action against the New Heritage Bank ("the Bank"). They allege that the Bank is liable for conversion of property, breach of contract, interference with contractual relations, and unfair and deceptive business practices.

When the Bank was declared insolvent in 1992, the Federal Deposit...

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