Boston Five Cents Savings Bank FSB v. United States

OPINION

WIESE, Judge.

This matter is before the court on defendant’s motion to dismiss the complaint on the ground that suit here is barred by the provisions of 28 U.S.C. § 1500 (1982). Plaintiff opposes the motion and seeks a stay of proceedings to await the outcome of related litigation now pending before the United States District Court for the District of Massachusetts. The matter has been fully briefed and argued; the court concludes that dismissal is required.

FACTS

Plaintiff, the Boston Five Cents Savings Bank, FSB (“the bank”), holds a mortgage on an apartment building. The mortgage is…