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BACK BAY SPAS, INC. v. 441 STUART MARKETING, LLC

No. 11-1057.

688 F.3d 61 (2012)

BACK BAY SPAS, INC., Plaintiff, Appellant, v. 441 STUART MARKETING, LLC, Defendant, Appellee, Federal Deposit Insurance Corporation, as Receiver for Corus Bank, N.A., Necessary Party, Appellee, 441 Stuart Street Associates, LLC; 441 Stuart Street — VEF V, Inc., Defendants.

United States Court of Appeals, First Circuit.

Decided August 14, 2012.

Attorney(s) appearing for the Case

Sander A. Rikleen , with whom Mark R. Vernazza and Edwards Angell Palmer & Dodge LLP were on brief, for appellant.

Lawrence M. Kraus , with whom Emily M. Kelley and Foley & Lardner LLP were on brief, for appellee.

J. Scott Watson , with whom Sara A. Laroche , David E. Lurie and Lurie & Krupp, LLP were on brief, for necessary party/appellee.

Before LIPEZ, SELYA and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract — termed the "Letter Agreement" — giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing exists; (2) that would-be seller no...

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