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RHODE ISLAND HOSPITAL TRUST NATIONAL BANK v. VARADIAN

419 Mass. 841 (1995)

RHODE ISLAND HOSPITAL TRUST NATIONAL BANK vs. PAUL N. VARADIAN & another, trustees, & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 5, 1995.

Attorney(s) appearing for the Case

Paul S. Samson (Isaac H. Peres with him) for the plaintiff.

Cathy P. Brooks (Peter S. Brooks with her) for the defendants.

Present: LIACOS, C.J., LYNCH, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

This is the plaintiff bank's appeal. We granted direct appellate review, following requests for direct appellate review by all parties. The appeal relates to counts III, IV and V of the bank's complaint and to count I of the defendants' counterclaim. In count III of its complaint, the bank alleges that the defendants Varadian and Nebelkopf, as trustees of Harborside Landing Realty Trust, owe the bank $2,900,000 pursuant to a promissory note. Count IV...

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