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Contracts Keyed to Marshall
DPJ Co. v. Federal Deposit Insurance Corp.
Citation:
30 F.3d 247 (1st Cir. 1994)Facts
DPJ Company Limited Partnership (“DPJ”) is a Massachusetts real estate developer. On February 12, 1988, it entered into a commitment letter agreement with the Bank of New England. The commitment letter provided that the creation of the line of credit-an event called the “closing” would occur after DPJ met various requirements, such as the delivery to the bank of certain documents, appraisals, and the like. DPJ also had to pay a non-refundable loan commitment fee of $31,250 immediately. The line of credit was “closed” on July 23, 1988. Between that time and January 6, 1991, DPJ borrowed approximately $500,000 from the bank pursuant to the line of credit. The bank failed on January 6, 1991. On February 1, 1991, the bank’s receiver, the Federal Deposit Insurance Corporation, disaffirmed the line of credit agreement pursuant to its statutory authority to repudiate contracts of failed banks.
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