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BANK v. INTERNATIONAL BUSINESS MACHINES CORP.

CA No. 95-12261.

915 F.Supp. 491 (1996)

Michael D. BANK, Thomas M. Dusel, and Robert J.M. O'Hare, Jr. in their capacity as Trustees of 400 Wyman Street Trust, Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

United States District Court, D. Massachusetts.

February 14, 1996.

Attorney(s) appearing for the Case

Saul A. Schapiro, Rosenberg, Rosenfeld & Schapiro, Boston, MA, David W. Rosenberg, Rosenberg, Rosenfeld & Schapiro, Boston, MA, for Michael D. Bank.

Saul A. Schapiro, Schapiro, Hays & Kelly, Boston, MA, for Thomas M. Dusel, Robert J.M. O'Hare, Jr.

J. Charles Mokriski, Jonathan I. Handler, Day, Berry & Howard, Boston, MA, for Defendant.

MEMORANDUM

TAURO, Chief Judge.

At issue is Plaintiffs' Motion, as Trustees of the 400 Wyman Street Trust (the "Trust"), to compel Defendant International Business Machines Corporation ("IBM") to arbitrate their disagreement concerning the purchase of a mortgage note by an affiliate of the Trust.

I.

BACKGROUND

The Trust is the managing partner of 404 Wyman Street Associates...

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