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BRAE ASSET FUND, L.P. v. DION

Civil Action No. 95-12002-DPW.

929 F.Supp. 29 (1996)

BRAE ASSET FUND, L.P., As Assignee of the Federal Deposit Insurance Corporation, Plaintiff, v. John A. DION, Stephen A. Dion and D & S Hy-Tec Tooling Co., Inc. d/b/a Starlight Luxury Limousine, Defendants.

United States District Court, D. Massachusetts.

February 29, 1996.

Attorney(s) appearing for the Case

Sharon F. Fearey, Brian K. Bowen, Winokur, Winokur, Serkey & Rosenberg, PC, Plymouth, MA, for plaintiff.

Michael P. Mason, Lewinger, Mason & Duffy, Hingham, MA, for defendants.

MEMORANDUM AND ORDER

WOODLOCK, District Judge:

The question presented is whether an assignee of the Federal Deposit Insurance Corporation is granted the FDIC's special rights to invoke federal court jurisdiction by removal of pending litigation from state courts.

Brae Asset Fund brought this action on March 31, 1995, in the Massachusetts state court to recover on several notes it purchased from the FDIC. On August 10, 1995, two of the defendants...

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