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F.D.I.C. v. ELIO

No. 94-1248.

39 F.3d 1239 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Liquidating Agent for Boston Trade Bank, Plaintiff, Appellee, v. Carmen W. ELIO and Elaine J. Elio, Individually, as Trustee of the Elio Family Trust and as Trustee of the Seaview Realty Trust, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 10, 1994.

Attorney(s) appearing for the Case

Stephen F. Gordon, with whom Stanley W. Wheatley and Gordon & Wise, Boston, MA, were on brief, for appellants.

Jonathan W. Fitch, with whom Andrea Peraner-Sweet, Sally & Fitch, Boston, MA, Ann S. Duross, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, and Jeannette E. Roach, Counsel, Washington, DC, for appellee F.D.I.C.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and CARTER, District Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This is an interlocutory appeal from a district court order granting a preliminary injunction, granting an attachment, and appointing a trustee pursuant to 12 U.S.C. § 1821(d)(18) and (19).1

I. Background

Plaintiff is the Federal Deposit Insurance Corp. ("F.D.I.C."), suing in its capacity as liquidating agent for two banks...

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