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McANDREWS v. FLEET BANK OF MASSACHUSETTS, N.A.

No. 92-2104.

989 F.2d 13 (1993)

Edward McANDREWS, as Trustee of Iyanough Realty Trust, Plaintiff, Appellant, v. FLEET BANK OF MASSACHUSETTS, N.A., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 19, 1993.

Attorney(s) appearing for the Case

Edward R. Wiest, with whom Edward D. Tarlow and Tarlow, Breed, Hart, Murphy & Rodgers, P.C., were on brief, for plaintiff, appellant.

Leonard G. Learner and Hutchins, Wheeler & Dittmar, P.C., on brief, for defendant, appellee Fleet Bank of Massachusetts, N.A.

S. Alyssa Roberts, with whom Ann S. DuRoss, Asst. Gen. Counsel, and Richard J. Osterman, Jr., Senior Counsel, were on brief, for defendant, appellee Federal Deposit Ins. Corp.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

A property owner appeals from a ruling that keeps intact a bank's lease notwithstanding both the bank's failure and a clause in the lease ostensibly permitting the landlord to opt out upon the tenant's insolvency. Because enforcing the lease despite the termination-upon-insolvency clause comports with the provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (codified...

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