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SHAMROCK v. FEDERAL DEPOSIT INSURANCE CORP.

No. 92-P-1437.

36 Mass. App. Ct. 162 (1994)

629 N.E.2d 344

SHAMROCK, INC. vs. FEDERAL DEPOSIT INSURANCE CORPORATION.

Appeals Court of Massachusetts, Worcester.

March 2, 1994.

Attorney(s) appearing for the Case

Michael J. Reed (Raymond J. Reed with him) for the plaintiff.

E. Whitney Drake, of the District of Columbia, for the defendant.

Present: KASS, PORADA, & IRELAND, JJ.

KASS, J.

Both Shamrock, Inc. and Heritage Bank for Savings (to which we shall refer from time to time as "the bank" or "Heritage") made loans to Evelyn J. Eresian and Ara Eresian, Jr. The lenders contend over which is entitled to a fund of $76,000, produced by the mortgage foreclosure sale of premises at 10 King Street, Worcester. A judge of the Superior Court decided that the bank, as the holder of a first mortgage on 10 King Street, was lawfully entitled to the...

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