Legal Opinion
Edward McAndrews as Trustee of Iyanough Realty Trust v. Fleet Bank of Massachusetts, N.A.
Court of Appeals for the First Circuit
Decided March 19, 1993No. 92-2104PublishedCited by 59 opinions
1Opinion of the Court
SELYA, Circuit Judge.
A property owner appeals from a ruling that keeps intact a bank’s lease notwithstanding both the bank’s failure and a clause in the lease ostensibly permitting the landlord to opt out upon the tenant’s insolvency. Because enforcing the lease despite the termination-upon-insolvency clause comports with the provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Pub.L. No. 101-73, 103 Stat. 183 (codified as amended in scattered sections of 12 U.S.C.), and because such enforcement constitutes neither a retroactive application of the…
2Cases cited28 opinions
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- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
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3Cited by59 opinions
- Arevalo v. AshcroftCourt of Appeals for the First Circuit · 2003
- Puerto Rico Telephone Co. v. Telecommunications Regulatory BoardCourt of Appeals for the First Circuit · 1999
- Commonwealth v. BrunoMassachusetts Supreme Judicial Court · 2000
- Matagorda County v. Russell LawCourt of Appeals for the Fifth Circuit · 1994
- People v. GrantCalifornia Supreme Court · 1999
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