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FISHMAN v. LaSALLE NAT. BANK

No. 00-2032.

247 F.3d 300 (2001)

Kenneth FISHMAN, Trustee of One Needham Place Realty Trust, Appellant, v. LaSALLE NATIONAL BANK, Appellee.

United States Court of Appeals, First Circuit.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Marshall F. Newman and Newman & Newman, P.C. on brief for appellant.

Larry W. Joye, Lori R. Schultz, Morrison & Hecker L.L.P., Kevin F. Moloney and Barron & Stadfeld, P.C. on brief for appellee.

Before BOUDIN, LYNCH and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

This case was brought in the district court to interpret a note whose prepayment terms were poorly drafted. The note, in the amount of $5.4 million for a period of years, was issued in 1991 by One Needham Place Realty Trust (the "borrower") to Confederation Life Insurance Company. It is now held by LaSalle National Bank (the "holder"). A loan agreement reflected in a loan commitment letter preceded the note. The note was later modified but only...

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