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F.D.I.C. v. KANE

No. 97-2358.

148 F.3d 36 (1998)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Statutory Successor to Resolution Trust Corporation, as Receiver of Home Owners Savings Bank, F.S.B., and Reliant Group, Ltd., Plaintiffs, Appellees, v. Roger K. KANE, Individually and as Trustee of Northern Spy Realty Trust and of Roger K. Kane, Jr., Real Estate Trust, and Northern Spy Country Club, Inc., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Isaac H. Peres, with whom Law Office of Isaac H. Peres, P.C., was on brief, for appellants.

Lawrence H. Richmond, Counsel, Federal Deposit Insurance Corporation, with whom Ann S. DuRoss, Assistant General Counsel, Federal Deposit Insurance Corporation, Colleen J. Boles, Senior Counsel, Federal Deposit Insurance Corporation, Kenneth R. Berman and Sherin and Lodgen were on brief, for appellees.

Before TORRUELLA, Chief Judge, STAHL and LYNCH, Circuit Judges.

TORRUELLA, Chief Judge.

The Resolution Trust Corporation ("RTC"), the receiver of a failed bank, filed this action to recover under a promissory note which was executed and delivered by defendant Roger K. Kane, Jr., ("Kane") as trustee of Northern Spy Realty Trust, to the bank. The other defendants in this case guaranteed payment on the note. Kane counterclaimed against the RTC, seeking reliance damages under the Financial Institutions Reform, Recovery and Enforcement...

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