United States First Circuit

In this dispute over a portfolio of loans sold by defendant to plaintiff, the district court properly determined that defendant materially breached representations and warranties contained in a Mortgage Loan Purchase Agreement, and defendant's argument that the issue of materiality is highly fact dependent, thereby precluding resolution by summary judgment, was rejected on appeal.

Appellate Information

• Decided 02/12/2002
• Published 02/12/2002

Judges

• STAHL, Senior Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Daniel R. Warren, with whom Melissa M. Eckhause, and Thompson Hine & Flory LLP, were on brief, for appellant.


• For Appellees:
  
• J. Scott Watson, Attorney, with whom Ann S. DuRoss, Assistant General Counsel, Colleen J. Boles, Senior Counsel, and Jaclyn C. Taner, Counsel, were on brief, for appellees.