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BOSTON FIVE CENTS SAV. BANK, FSB v. U.S.

No. 88-1306.

864 F.2d 137 (1988)

The BOSTON FIVE CENTS SAVINGS BANK, FSB, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 16, 1988.

Attorney(s) appearing for the Case

Steven P. Perlmutter, Harrison & MaGuire, P.C., Boston, Mass., argued for plaintiff-appellant.

James G. Bruen, Jr., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., J. Christopher Kohn, Director and Linda M. Samuel.

Before SMITH, BISSELL, and MICHEL, Circuit Judges.

BISSELL, Circuit Judge.

The Boston Five Cents Savings Bank, FSB (Boston Bank) appeals the judgment of the United States Claims Court, see 14 Cl.Ct. 217 (1988), dismissing its complaint against the United States for damages arising out of an alleged breach of a mortgage contract. We reverse and remand with instructions to stay.

BACKGROUND

Boston Bank holds a $3,114,600 mortgage on a rental apartment building in Boston. The Department of Housing...

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