Legal Opinion

Bank v. International Business MacHines Corp.

Court of Appeals for the First Circuit

Decided May 29, 1998No. 97-2289PublishedCited by 70 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

In this case, we must construe provisions of a complex partnership agreement between two sophisticated parties to a real estate development deal. We must determine whether the partnership agreement entitles one of those parties, the 400 Wyman Street Trust (Wyman), through its trustees, to call on its partner, International Business Machines Corporation (IBM), to provide a multimillion dollar capital contribution in this circumstance, involving the later refinancing of the original permanent loan. That refinancing involves the purchase of the original mortgage note, which…

2Cases cited16 opinions

  1. Coll v. PB Diagnostic Systems, Inc.Court of Appeals for the First Circuit · 1995
  2. J. A. Sullivan Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1986
  3. Robert Industries, Inc. v. SpenceMassachusetts Supreme Judicial Court · 1973
  4. In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
  5. Den Norske Bank As v. First Nat'L of BostCourt of Appeals for the First Circuit · 1996

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3Cited by70 opinions

  1. Farmers Insurance Exchange v. RNK, Inc.Court of Appeals for the First Circuit · 2011
  2. Town of Norwood v. New England Power Co.Court of Appeals for the First Circuit · 2000
  3. Sanchez v. Triple-S Management, Corp.Court of Appeals for the First Circuit · 2007
  4. Barclays Bank PLC v. PoynterCourt of Appeals for the First Circuit · 2013
  5. Uncle Henry's Inc., Appellant/cross-Appellee v. Plaut Consulting Co., Inc., Appellee/cross-Appellant, Edgewing, a Division of Plaut Consulting Inc.Court of Appeals for the First Circuit · 2005

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