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AMERICAN TWINE LTD. PARTNERSHIP v. WRITTEN

No. CIV.A.02-10590 NMG.

392 F.Supp.2d 13 (2005)

AMERICAN TWINE LIMITED PARTNERSHIP, Plaintiff, v. Gregory F. WHITTEN, et al., Defendants.

United States District Court, D. Massachusetts.

September 20, 2005.

Attorney(s) appearing for the Case

Bernard J. Bonn, III, Matthew A. Porter, Dechert LLP, Boston, MA, for DKSW, LLC, Gregory F. Whitten, Ruth Whitten, Counter Claimants.

Lawrence G. Green, Paul A. Leoni, JohnR. Mayer, Perkins, Smith & Cohen, LLP, Boston, MA, Christine Marie Griffin, Wolf, Block, Schorr & Solis-Cohen LLP, Boston, MA, for American Twine Limited Partnership, Plaintiff.

MEMORANDUM OF DECISION

GORTON, District Judge.

This case focuses upon the validity of a $10 million secured bridge loan that certain defendants and other individuals extended to a now-defunct entity of which they were also shareholders. Plaintiff, a former landlord and creditor of the subject entity, seeks to have this Court equitably subordinate the bridge loan and/or to recharacterize it as an equity investment, thereby rendering payments made pursuant...

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