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COMMONWEALTH OF MASSACHUSETTS v. F.D.I.C.

No. 94-1649.

47 F.3d 456 (1995)

COMMONWEALTH OF MASSACHUSETTS, Petitioner, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

United States Court of Appeals, First Circuit.

Decided February 8, 1995.

Attorney(s) appearing for the Case

Thomas O. Bean, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, for petitioner.

Edward J. O'Meara, Counsel, with whom Ann S. Duross, Asst. Gen. Counsel, and Richard J. Osterman, Jr., Sr. Counsel, were on brief, for respondent.

Before CYR and BOUDIN, Circuit Judges, and KEETON, District Judge.

BOUDIN, Circuit Judge.

In the years 1990 through 1992, the Federal Deposit Insurance Corporation was appointed receiver for over 30 banks principally located or doing business in Massachusetts. Massachusetts has an abandoned property statute, Mass.Gen.L. ch. 200A, that arguably gave Massachusetts title under state law to certain of the insured deposits in these banks, based on the failure of the named depositors to communicate with their banks over an extended period...

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