Conroy v. FDIC (1st Cir. 2000)

Federal Circuits, 1st Cir. (January 05, 2000)

Docket number: 99-1150.01A


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[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals

For the First Circuit

No. 99-1150

JOHN P. CONROY AND PATRICIA E. CONROY,

Plaintiffs, Appellants,

v.

FEDERAL DEPOSIT INSURANCE CORPORATION;

LAWRENCE T. GIBBONS; ELLEN GIBBONS,

Defendants, Appellees.

No. 99-1218

JOHN P. CONROY AND PATRICIA E. CONROY,

Plaintiffs, Appellants,

v.

FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver of Woburn

Five Cents Savings Bank,

Defendant, Appellee,

LAWRENCE T. GIBBONS; ELLEN GIBBONS,

Intervenors-Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

Before

Torruella, Chief Judge, Stahl and Lipez, Circuit Judges.

John P. Conroy and Patricia E. Conroy on brief pro se.

Ann S. Duross, Assistant Attorney General, Colleen J. Boles, Senior Counsel, and Daniel Glenn Lonergan, Counsel, on brief for appellee Federal Deposit Insurance Corporation.

January 5, 2000 Per Curiam. We have reviewed the parties' briefs and the record in these two appeals. These appeals are the seventh and eighth appeals by appellants seeking to forestall the completion of a foreclosure sale that occurred in September 1995. They are as meritless as appellants' prior appeals as the arguments presented are either waived or barred by res judicata.

In Appeal No. 99-1150, the district court, by memorandum and order dated December 29, 1998, dismissed appellants' complaint for lack of jurisdiction. We summarily affirm essentially for the reasons stated by the district court in that memorandum and order.

In Appeal No. 99-1218, the district court, by order dated December 29, 1998, enforced a January 17, 1996 order directing appellants to permit access to the property for an appraisal and inspection. We summarily affirm essentially for the reasons stated by the district court in its order of December 29, 1998. We also note that we have already reviewed the January 1996 access order, which we summarily affirmed in Conroy v. FDIC, No. 96-1172 (1st Cir. Order, June 10, 1996).

Affirmed. See Loc. R. 27(c).

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