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ROCKY RIVER CONDO CORP. v. F.D.I.C.

Civ. A. No. 93-40016-NMG.

855 F.Supp. 489 (1994)

ROCKY RIVER CONDO CORP., Plaintiff and Counterclaim Defendant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Heritage NIS Bank for Savings and Riccardi Bros., Inc., Defendants. FLEET BANK OF MASSACHUSETTS, N.A., Counterclaim Plaintiff, v. ROCKY RIVER CONDO CORP., Counterclaim Defendant. RICCARDI BROS., INC., Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Heritage Bank for Savings, Defendant.

United States District Court, D. Massachusetts.

June 15, 1994.

Attorney(s) appearing for the Case

Michael J. Michaeles, Wolfson, Dodson, Keenan & Cotton, Worcester, MA, for Rocky River Condo, Rocky River Condo Corp.,

David J. Kneeland, Jr., Worcester, MA, for Ricciardi Brothers, Ricciardi Brothers, Inc.

Robert L. Hamer, Kenneth R. Kohlberg, Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, for F.D.I.C., F.D.I.C., Heritage Bank for Sav. and Fleet Bank of Massachusetts, N.A.

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is a Report and Recommendation by United States Magistrate Judge Charles B. Swartwood, III, pursuant to 28 U.S.C. § 636(b)(1)(B), recommending that this Court deny the motion for summary of Fleet Bank of Massachusetts, N.A. ("Fleet") on its counterclaim against Rocky River Condo Corporation ("Rocky River"). For the reasons stated herein, the Report and Recommendation is Accepted...

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