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BOSTON PROPERTY EXCHANGE TRANSFER CO. v. IANTOSCA

No. 11-2475.

720 F.3d 1 (2013)

BOSTON PROPERTY EXCHANGE TRANSFER COMPANY, f/k/a Benistar Property Exchange Trust Company, Inc., Plaintiff, Appellant, v. Joseph IANTOSCA, individually and as a Trustee of Faxon Heights Apartments Realty Trust and Fern Realty Trust; Belridge Corporation; Gail A. Cahaly; Jeffrey M. Johnston; Bellemore Associates, LLC; Massachusetts Lumber Company, Inc.; Zelle McDonough & Cohen LLP; Anthony R. Zelle, P.C.; and Nystrom, Beckman & Paris, LLP, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 12, 2013.

Attorney(s) appearing for the Case

Joseph M. Pastore III with whom Smith, Gambrell & Russell, LLP, Sean T. Carnathan and O'Connor, Carnathan, & Mack LLC were on brief for appellant.

Anthony R. Zelle with whom Thomas W. Evans and Zelle McDonough & Cohen, LLP were on brief for appellees Joseph Iantosca, individually and as Trustee of Faxon Heights Apartments Realty Trust and Fern Realty Trust, Belridge Corporation, Gail A. Cahaly, Jeffrey M. Johnston, Bellemore Associates, LLC, and Massachusetts Lumber Company, Inc.

Timothy O. Egan with whom George A. Berman , Timothy M. Pomarole and Peabody & Arnold LLP were on brief for appellees Zelle McDonough & Cohen LLP, Anthony R. Zelle, P.C., and Nystrom Beckman & Paris LLP.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SOUTER, Associate Justice.

As plaintiffs in a prior suit, several of the defendant-appellees here (the defendants) obtained a state court judgment for $19.2 million against the plaintiff-appellant here, Boston Property Exchange Transfer Company (BPE), formerly Benistar Property Exchange Trust Company. In order to satisfy that judgment, the successful, present defendants obtained an order from the state court assigning to them...

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