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IN RE SINGH

Bankruptcy No. 95-44101 JFQ. Adversary No. 97-4340.

241 B.R. 484 (1999)

In re Baldev SINGH, Debtor. David M. Nickless, Trustee, Plaintiff, v. FDIC, As Liquidating Agent for Heritage Bank for Savings, Defendant.

United States Bankruptcy Court, D. Massachusetts.

November 18, 1999.

Attorney(s) appearing for the Case

Frank M. Cadigan, FDIC Legal Division, East Hartford, CT.

Nicholas Katsonis, de Verges & Katsonis, Worcester, MA.

David M. Nickless, Nickless & Phillips, Fitchburg, MA.

Thomas W. Tavenner, Jr., Boston, MA.

DECISION ON REMAND

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This is an action of tort for negligence brought by David M. Nickless (the "Trustee"), as chapter 11 trustee of the estate of Baldev Singh, against the Federal Deposit Insurance Corporation, as liquidating agent of Heritage — NIS Bank for Savings ("FDIC"). It is before this court after remand from the United States District Court for the District of Massachusetts.

I. UNDISPUTED...

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