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F.D.I.C. v. HOPPING BROOK TRUST

Civil Action No. 95-11780-GAO.

941 F.Supp. 256 (1996)

FEDERAL DEPOSIT INSURANCE CORPORATION v. HOPPING BROOK TRUST; James W. Flett and John J. Arno, both Individually and as Trustees of Hopping Brook Trust; Flett Corporation, Parkland Corporation, James W. Flett & Sons, Inc., James W. Flett Co., Inc. and James W. Flett Equipment Corp., all Massachusetts Corporations.

United States District Court, D. Massachusetts.

September 30, 1996.

Attorney(s) appearing for the Case

Clark van der Velde, Federal Deposit Insurance Corporation, Franklin, MA, for Federal Deposit Insurance Corporation.

Christopher M. Perry, Terance P. Perry, Brendan J. Perry, Brendan J. Perry & Associates, P.C., Holliston, MA, for Hopping Brook Trust, James W. Flett, John J. Arno, Flett Corporation, Parkland Corporation, James W. Flett & Sons, Inc., James W. Flett Company, Inc., James W. Flett Equipment Corp.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiff Federal Deposit Insurance Corporation ("FDIC") brought this action to recover on a promissory note and two guaranties. The defendants counterclaimed alleging breach of contract and breach of the implied duty of good faith and fair dealing. The FDIC has now moved to dismiss the counterclaims and for partial summary judgment on its complaint. The defendants, in turn, have moved for summary...

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