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EUBANK HEIGHTS APARTMENTS, LTD. v. LEBOW

No. 79-1474.

615 F.2d 571 (1980)

EUBANK HEIGHTS APARTMENTS, LTD., Plaintiff, Appellee, v. Estelle I. LEBOW, Executrix of the Estate of Saul L. Lebow, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Mack M. Roberts, Chestnut Hill, Mass., with whom Jerry E. Benezra, Melrose, Mass., was on brief, for appellant.

Eric E. Mulloy, Boston, Mass., with whom Powers & Hall, Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

On September 28, 1972, Saul L. Lebow executed in Massachusetts a limited partnership agreement and, in connection therewith, six promissory notes, the first due March 15, 1973, the last due March 15, 1975. The payee was the partnership, Eubank Heights Apartments, Ltd. The partnership was created under Texas law, with its general partners and its principal office in Texas. Lebow, a resident of Massachusetts, died on March 12, 1973. His...

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