MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
STEARNS, District Judge.
On October 7, 2002, Dr. Ben Branch, in his capacity as the Chapter 7 Bankruptcy Trustee of the failed Bank of New England Corporation (BNEC), sought a ruling by way of partial summary judgment that the correct method for determining whether BNEC and its largest subsidiary, Bank of New England, N.A. (BNENA),
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