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F.D.I.C. v. SMITH

Civ. A. No. 92-10584-JLT.

848 F.Supp. 1053 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Liquidating Agent of The Central Savings Bank, Plaintiff, v. Arthur R. SMITH, Jr., Trustee and Robert R. White, Trustee, Semper Fidelis Realty Trust and Arthur R. Smith, Jr. and Robert R. White, Defendants.

United States District Court, D. Massachusetts.

March 7, 1994.

Attorney(s) appearing for the Case

Richard L. Fox, Carragher, Fox & Lampert, PC, Chelmsford, MA, for Central Sav. Bank and F.D.I.C.

Raymond R. Coutoure, Office of Raymond R. Coutoure, North Reading, MA, for Arthur R. Smith, Jr., trustee.

Paul L. Tariot, Lowell, MA, for Robert R. White, trustee.

MEMORANDUM

TAURO, Chief Judge.

The Federal Deposit Insurance Corporation ("FDIC"), as liquidating agent of Central Savings Bank ("Central"), brings this action to recover a deficiency under a promissory note executed and delivered to Central by defendants Arthur R. Smith, Jr. and Robert R. White, both individually and as trustees for Semper Fidelis Realty Trust (the "Trust"). Defendants have asserted several affirmative defenses, generally alleging...

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