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IN RE NEWPORT PLAZA ASSOCIATES, L.P.

No. 92-1444.

985 F.2d 640 (1993)

In re NEWPORT PLAZA ASSOCIATES, L.P., Debtor. NEWPORT PLAZA ASSOCIATES, L.P., Plaintiff, Appellant, v. DURFEE ATTLEBORO BANK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Robert S. Bruzzi, with whom James J. Beaulieu was on brief, for plaintiff, appellant.

Michael R. McElroy, with whom Schacht & McElroy was on brief, for defendant, appellee.

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

SELYA, Circuit Judge.

After entering insolvency proceedings, plaintiff-appellant Newport Plaza Associates (Newport), a Rhode Island limited partnership, commenced an adversary proceeding against Durfee Attleboro Bank (the Bank), in which it claimed that the Bank failed to honor an oral agreement concerning the resumption of financing for a stalled construction project. The bankruptcy court and the district court both rejected the claim. The third time is not the charm...

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