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IN RE 604 COLUMBUS AVE. REALTY TRUST

Nos. 91-1976, 91-1977.

968 F.2d 1332 (1992)

In re 604 COLUMBUS AVENUE REALTY TRUST, Debtor. CAPITOL BANK & TRUST COMPANY, Appellee, v. 604 COLUMBUS AVENUE REALTY TRUST, Appellant. In re 604 COLUMBUS AVENUE REALTY TRUST, Debtor. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver/Liquidating Agent of Capitol Bank & Trust Company, Appellant, v. 604 COLUMBUS AVENUE REALTY TRUST, et al., Appellees.

United States Court of Appeals, First Circuit.

Decided June 19, 1992.

Attorney(s) appearing for the Case

Robert Owen Resnick, with whom John F. Cullen, George J. Nader, and Cullen & Resnick, Boston, Mass., were on brief, for 604 Columbus Avenue.

Michael H. Krimminger, with whom Richard J. Osterman, Jr., Ann S. Duross, Washington, D.C., and Richard N. Gottlieb, Charleston, W.Va., were on brief, for F.D.I.C.

Before TORRUELLA, Circuit Judge, WEIS and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

This is a case involving a failed loan transaction that well illustrates Polonius' advice, "[n]either a borrower, nor a lender be."1 These appeals require us to determine, inter alia, the applicability of certain federal defenses available to the Federal Deposit Insurance Corporation (FDIC) in its capacity as receiver when it seeks to enforce against a bankrupt borrower an

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