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IN RE COLONIAL REALTY INVESTMENT CO.

No. 74-1402.

516 F.2d 154 (1975)

In the Matter of COLONIAL REALTY INVESTMENT CO. et al., Debtors. CHARLESTOWN SAVINGS BANK, a Secured Creditor in these Proceedings, Appellant, v. Gordon A. MARTIN, Jr., Trustee of Colonial Realty Investment Co., et al., Appellees.

United States Court of Appeals, First Circuit.

Decided May 15, 1975.

Attorney(s) appearing for the Case

Jon D. Schneider, Boston, Mass., with whom Henry B. Shepard, Jr., and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for appellant.

Daniel M. Glosband, Boston, Mass., with whom Widett & Widett, John J. Curtin, Jr., and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Charlestown Savings Bank appeals from an order of the District Court for Massachusetts requiring it to turn over to the trustees of the debtors five apartment complexes of which it had taken possession as a mortgagee for default in the payment of mortgage obligations.

Debtors are three limited partnerships managed and controlled by the same two general partners. They appear to be the legal or equitable owners of between seventy and eighty...

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