No. 90-1862.

932 F.2d 46 (1991)

TIMBERLAND DESIGN, INC. and William C. Barnsley, Plaintiffs, Appellants, v. FIRST SERVICE BANK FOR SAVINGS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Robert S. Potters with whom Henry A. Brown, and Potters & Brown, Boston, Mass., were on brief, for plaintiffs, appellants.

J. Scott Watson with whom Ann S. Duross, Joan E. Smiley, Robert D. McGillicuddy, Washington, D.C., William L. Patton, Robert J. Stillman, and Ropes & Gray, Boston, Mass., were on brief, for defendant, appellee.

Before BREYER, Chief Judge, CAMPBELL, Circuit Judge, and CAFFREY, Senior District Judge.


This is an appeal by the plaintiffs, Timberland Design Inc. and William C. Barnsley,1 from an order of the United States District Court for the District of Massachusetts granting summary judgment in favor of the defendant, the Federal Deposit Insurance Corporation ("FDIC"), which was acting as liquidating agent for the First Service Bank for Savings ("First Service"). The dispute arose out of the following facts. On December...

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