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LAWSON v. AFFIRMATIVE EQUITIES CO., L.P.

No. CIV.A.02-12172-RGS.

341 F.Supp.2d 51 (2004)

Charles R. LAWSON, as he is Trustee of Trust 55547-90, Trust 12572 and Trust 9932-90 v. AFFIRMATIVE EQUITIES COMPANY, L.P., Affirmative Equities, Inc., Patrick Henry Hotel Associates, L.P., Patrick Henry Hotel Investment Associates, L.P., Andrew D. Jubelt, and Lawrence Bishop

United States District Court, D. Massachusetts.

October 27, 2004.

Attorney(s) appearing for the Case

Heather V. Baer, Sally & Fitch, Boston, MA, for Lawrence A. Bishop, Defendant.

Peter E. Ball, Sally & Fitch LLP, Boston, MA, for Lawrence A. Bishop, Defendant.

David S. Friedman, Hill & Barlow, PC, Boston, MA, for Affirmative Equities, Patrick Henry Hotel Associates, LP, Andrew D. Jubelt, Defendants.

Ann Pauly, Griesinger, Tighe & Maffei, LLP, Boston, MA, for Charles R. Lawson, Plaintiff.

Richard M. Resnik, Mandel Resnik & Kaiser P.C., New York, NY, for Affirmative Equities, Patrick Henry Hotel Associates, LP, Andrew D. Jubelt, Defendants.

C. Dylan Sanders, Piper Rudnick LLP, Boston, MA, for Affirmative Equities, Patrick Henry Hotel Associates, LP, Andrew D. Jubelt, Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT

STEARNS, District Judge.

This action arises from an Agreement of Guaranty executed by defendant Affirmative Equities Company, L.P. (AEC) in favor of the plaintiff, Charles Lawson, as the Trustee of three Massachusetts Trusts that guaranteed a Letter of Credit extended to AEC by the Republic National Bank of New York, later...

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