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FLEET NAT. BANK v. H&D ENTERTAINMENT, INC.

Nos. 96-1218, 96-1523.

96 F.3d 532 (1996)

FLEET NATIONAL BANK, Plaintiff, Appellee, v. H&D ENTERTAINMENT, INC., (f/k/a Dover Broadcasting, Inc.), and H&D Management, Inc., as general partner of each of H&D Broadcasting Limited Partnership, H&D Media Limited Partnership, H&D Radio Limited Partnership, and H&D Wireless Limited Partnership, Defendants, Appellants, v. PNC BANK, OHIO, N.A., Charles E. Giddens, individually, as receiver and as general partner of Media Venture Partners, Additional Counterclaim Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 24, 1996.

Attorney(s) appearing for the Case

Stephen F. Gordon, Boston, MA, with whom Stanley W. Wheatley and Gordon & Wise, were on briefs, for defendants, appellants H&D Entertainment, Inc. and H&D Management, Inc., and claimants, appellants, Joel M. Hartstone, Barry J. Dickstein, Hartstone and Dickstein, Inc., Barry Dickstein & Co., Inc. and Joan Rory Hartstone.

John D. Hanify and Charles L. Glerum, Boston, MA, with whom Harold B. Murphy, Matthew P. McCue, Hanify & King, P.C., Paul E. Morton, Morton & McCrevan, Sara A. Walker, Joseph H. Zwicker, Terri L. Ross and Choate, Hall & Stewart, were on briefs, for appellees.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and BARBADORO, District Judge.

BOUDIN, Circuit Judge.

At issue in this case are two different appeals, which we have consolidated, whose source is a lawsuit over unpaid bank loans. In one appeal, the borrowers contest the grant of summary judgment in favor of the lending bank; in the other appeal, the borrowers challenge the district court's approval of a sale by the receiver of borrower assets that secured the loans. In both instances, we affirm.

The background facts are largely undisputed...

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