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BANK v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 97-2289.

145 F.3d 420 (1998)

Michael D. BANK, Thomas M. Dusel, and Robert J.M. O'Hare, Jr., in Their Capacity as Trustees of the 400 Wyman Street Trust, Plaintiffs, Appellees, v. INTERNATIONAL BUSINESS MACHINES CORPORATION Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

Kenneth E. Werner, with whom J. Charles Mokriski, Jonathan I. Handler and Day, Berry & Howard were on brief, for appellant International Business Machines Corporation.

David W. Rosenberg, with whom Saul A. Schapiro, Thomas Bhisitkul and Rosenberg & Schapiro, P.C. were on brief, for appellees Michael D. Bank, Thomas M. Dusel and Robert J.M. O'Hare, Jr.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

In this case, we must construe provisions of a complex partnership agreement between two sophisticated parties to a real estate development deal. We must determine whether the partnership agreement entitles one of those parties, the 400 Wyman Street Trust (Wyman), through its trustees, to call on its partner, International Business Machines Corporation (IBM), to provide a multimillion dollar capital contribution in this circumstance, involving...

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