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AMERICAN SAV. BANK v. CHESHIRE MANAGEMENT CO.

No. 88-Civ. 5465 (JES).

693 F.Supp. 42 (1988)

AMERICAN SAVINGS BANK, F.S.B., Plaintiff, v. CHESHIRE MANAGEMENT COMPANY, INC., Ronald J. Nemeyer, Amity Bank, Richard Weinstein, and John Doe, individually and as Trustee of a certain Irrevocable Trust Agreement dated July 8, 1988 (John Doe being a fictitious name the true identity being unknown to the plaintiff), Defendants.

United States District Court, S.D. New York.

August 18, 1988.

Attorney(s) appearing for the Case

Joseph A. Vogel, Gabriel B. Schwartz, and Brett Wettich, Hahn & Hessen, New York City, for plaintiff.

Carol A. Jablonski, Jaffe & Asher, New York City, Richard P. Weinstein, Pearson, Baun and Weinstein, West Hartford, Conn., Ellery E. Plotkin, Slavitt, Comery and Vardamis, Norwalk, Conn., Steven A. Lauer, Cheshire Management Co., Inc., Wallingford, Conn., for defendants.

MEMORANDUM OPINION AND ORDER

CONBOY, District Judge:

The plaintiff, American Savings Bank, F.S.B. ("ASB"), loaned the defendant Cheshire Management Co. ("CMC") $12 million in two loans. CMC is in the real estate syndication business. CMC acts as general partner or as limited partner in other partnerships. See Ex. A to Affidavit of H.L. Van Varick, executed Aug. 4, 1988 (the "Loan and Security Agreement"), at schedule 7.32. As consideration for the...

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