BOSTON FIVE CENTS SAV. BANK v. DEPT. OF HOUSING

No. 84-2050.

768 F.2d 5 (1985)

The BOSTON FIVE CENTS SAVINGS BANK, Plaintiff, Appellant, v. SECRETARY OF the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 19, 1985.


Attorney(s) appearing for the Case

Stewart T. Herrick with whom Harrison & Maguire, P.C., was on brief for plaintiff, appellant.

M. Frederick Pritzker with whom Elizabeth A. Ritvo and Brown, Rudnick, Freed & Gesmer, were on brief for defendant, appellee Kenmore Tower Corp.

James G. Bruen, Jr., with whom Efrain Rivera, Attys., Civil Div., Dept. of Justice, Richard K. Willard, Acting Asst. Atty. Gen., William F. Weld, U.S. Atty., Frederick Dashiell, Asst. U.S. Atty., and Melvin Belin, Office of Gen. Counsel, Dept. of Housing and Urban Development, were on brief for appellee Secretary of the U.S. Dept. of Housing and Urban Development.

Before CAMPBELL, Chief Judge, and RUBIN and BREYER, Circuit Judges.


BREYER, Circuit Judge.

This suit by The Boston Five Cents Savings Bank against the Department of Housing and Urban Development (HUD) and Kenmore Tower Corporation arises out of HUD's approval of Kenmore's conversion of its ordinary rental apartments to `cooperatively owned' apartments. The Bank wants a declaratory judgment stating that the conversion violates the mortgage agreement between Kenmore and the Bank — a mortgage that the Department of Housing and...

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