LEVY v. F.D.I.C.

No. 92-2135.

7 F.3d 1054 (1993)

Leslie LEVY, as Trustee of 225 Commonwealth Trust, Plaintiff, Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, et al., Defendants, Appellees. Wolf Weinhold, etc., Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided October 19, 1993.


Attorney(s) appearing for the Case

Thomas N. O'Connor with whom Michael G. Bongiorno and Hale and Dorr, Boston, MA, were on brief for Wolf Weinhold, etc.

Mark P. Szpak with whom William L. Patton, James L. Sigel, Ropes & Gray, Boston, MA, Bruce V. O'Donnell, Managing Atty., Ann S. Duross, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, and Barbara S. Woodall, Washington, DC, Counsel, were on brief for FDIC.

Before SELYA, Circuit Judge, FEINBERG, Senior Circuit Judge, and STAHL, Circuit Judge.


STAHL, Circuit Judge.

Plaintiff-appellant Wolf Weinhold1 commenced suit in state court against a bank and its subsidiary for, inter alia, breach of a written warranty agreement. The bank counterclaimed, seeking payment from Weinhold of a facially unqualified promissory note and personal guarantee. After the bank failed, the FDIC, in its capacity as receiver, removed the proceedings to federal court, and sought summary enforcement...

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