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FLEET NAT. BANK v. LIUZZO

Civ. A. Nos. 89-0599L, 90-0027L.

766 F.Supp. 61 (1991)

FLEET NATIONAL BANK, Plaintiff, v. Anthony LIUZZO, University Nursing Care Center, Inc., Park Manor of Jamestown, Inc., Fenton Park Nursing Home, Greenhurst Health Care and Medical Center, Ltd., Thomas P. Cleary, and Walsh & Cleary, P.C., Defendants. Anthony LIUZZO, University Nursing Care Center, Inc., Park Manor of Jamestown, Inc., Fenton Park Nursing Home, Greenhurst Health Care and Medical Center, Ltd., Plaintiffs, v. FLEET NATIONAL BANK, Defendant.

United States District Court, D. Rhode Island.

June 12, 1991.

Attorney(s) appearing for the Case

Richard F. Ziegler, Michael Chayet, Cleary, Gottlieb, Steen & Hamilton, New York City, Richard F. McMahon, McMahon & McMahon, Providence, R.I., for Fleet Nat. Bank.

William A. Long, Jr., O'Shea, Reynolds, Napier, Quinn & Cummings, Buffalo, N.Y., Gerald DeMaria, Providence, R.I., for Thomas C. Cleary and Walsh and Cleary, P.C.

Mark J. Schlant, Lawrence C. Brown, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, N.Y., Leo Wold, Goldenberg & Muri, Providence, R.I., for Anthony Liuzzo, University Nursing Care Center, Inc., Park Manor of Jamestown, Inc., Fenton Park Nursing Home, Greenhurst Health Care and Medical Center, Ltd.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

These consolidated cases are before the Court on cross motions for partial summary judgment. The dispute arose when Fleet National Bank ("Fleet") accelerated the maturity date of an $18 million commercial loan issued to Anthony Liuzzo ("Liuzzo") for use in connection with several nursing homes he owns. Shortly after receiving the notice to accelerate, Liuzzo filed an action in state court in New York, which was...

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