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F.D.I.C. v. KOOYOMJIAN

No. 99-1877.

220 F.3d 10 (2000)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Eastland Savings Bank, Plaintiff, Appellee, v. Edward KOOYOMJIAN; John Dicicco, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 21, 2000.

Attorney(s) appearing for the Case

Jack R. Pirozzolo, with whom Willcox, Pirozolo & McCarthy, Professional Corporation was on brief, for appellants.

J. Scott Watson, Counsel, Appellate Litigation, Federal Deposit Insurance Corporation, with whom Ann S. DuRoss, Assistant General Counsel, Robert D. McGillicuddy, Supervisory Counsel, Roberta H. Clark, Counsel, Gregory E. Gore, Counsel, and Frank M. Cadigan, Senior Attorney, Federal Deposit Insurance Corporation, were on brief, for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Defendants Edward Kooyomjian and John DiCicco appeal a summary judgment in favor of the Federal Deposit Insurance Corporation (FDIC), the receiver of Eastland Savings Bank (Eastland). The district court had jurisdiction under 12 U.S.C. § 1819(b)(2)(B) and we have jurisdiction under 28 U.S.C. § 1291.

FACTUAL BACKGROUND

In 1987, Kooyomjian took out a construction loan of some $3 million from Eastland to develop...

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