Legal Opinion
McAndrews v. New Bank of New England, N.A.
District Court, D. Massachusetts
Decided August 6, 1992No. Civ. A. 91-11229-TPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
TAURO, Chief Judge.
Plaintiff Edward McAndrews, as Trustee of Iyanough Realty Trust, seeks a declaratory judgment that its leasing arrangement with the Bank of New England (“Bank”) was terminated upon insolvency of the Bank. At issue is the constitutionality of a provision in the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1821 et seq., that prevents a contracting party from terminating a contract with a bank in receivership. The parties’ Motions for Summary Judgment are before the court.
I
In May 1969, the plaintiff’s predecessor leased…
2Cases cited12 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Edward McAndrews as Trustee of Iyanough Realty Trust v. Fleet Bank of Massachusetts, N.A.Court of Appeals for the First Circuit · 1993
- Iberiabank v. Beneva 41-1, LLCCourt of Appeals for the Eleventh Circuit · 2012
- RTC Mortgage Trust 1994-S2 v. ShlensCalifornia Court of Appeal · 1998
- Hackel v. Federal Deposit InsuranceDistrict Court, D. Massachusetts · 1994
- Branch ex rel. Maine National Bank v. United StatesUnited States Court of Federal Claims · 1994
2 more not listed; retrieve them via the Exa API.