Legal Opinion

Bank v. International Business MacHines Corp.

Court of Appeals for the First Circuit

Decided November 5, 1996No. 96-1355PublishedCited by 5 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

The parties in this case — International Business Machines Corp. (IBM) and the 400 Wyman Street Trust (the Trust) 1 — comprise a partnership created for the purpose of developing and operating an office building in Waltham, Massachusetts. The Trust secured an opportunity for the Partnership to reduce its debt by purchasing its own mortgage at a substantial discount. IBM opposed the deal. The issue before us is whether IBM’s veto is absolute, or whether the dispute must be arbitrated; under the Partnership Agreement, the answer turns on whether the proposal…

2Cases cited4 opinions

  1. Painewebber Incorporated v. Mohamad S. Elahi, Kokab Moarefi Elahi and Maryam ElahiCourt of Appeals for the First Circuit · 1996
  2. Commercial Union Insurance Company v. Gilbane Building CompanyCourt of Appeals for the First Circuit · 1993
  3. Maglione v. BancBoston Mortgage Corp.Massachusetts Appeals Court · 1990
  4. Bank v. International Business MacHines Corp.District Court, D. Massachusetts · 1996

3Cited by5 opinions

  1. Bank v. International Business MacHines Corp.Court of Appeals for the First Circuit · 1998
  2. Paul Revere Variable Annuity Insurance v. ZangCourt of Appeals for the First Circuit · 2001
  3. Springhill Lake Investors Ltd. Partnership v. Prince George's CountyCourt of Special Appeals of Maryland · 1997
  4. Qestec, Inc. v. KrummenackerDistrict Court, D. Massachusetts · 2001
  5. Bank v. IBMCourt of Appeals for the First Circuit · 1998

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