UNITED STATES DISTRICT COURT
District of Massachusetts
Boston, Massachusetts 02109

A. David Mazzone
District Judge

FACSIMILE TRANNSMISSION

TO: Mr. And Mrs. Sweeney

FROM: Judge A. David Mazzone

DATE: October 29, 1997

NO. OF PAGES (including coversheet): 2

MESSAGE:

Dear Mr. and Mrs. Sweeney:

In response to your October 24th transmission, I communicated the FDIC's position to Faith on October 23rd after extensive discussion with FDIC representatives. You are apparently making your appeal directly to Washington officials and you are perfectly free to do that. My information, concisely put, is that the FDIC decision makers have reviewed your brief and are not inclined to relitigate matters which have already been resolved in their favor by every court in which jurisdiction was properly established.

Secondly, you are correct that the outcome of our October 15
th meeting was to result in a statement that Bishop Dyer and Senator Tarr were to write up and give to the FDIC. We began to review your brief, page by page, but the answers to your questions seemed to be provided by the Court of Appeals opinion. I will gladly forward any statement Bishop Dyer and Senator Tarr provide to me. I have not received any substantive statement, only a first communication with Bishop Dyer withdrawing from the matter because of what he believed was a grave conflict between "case law" and "the virtue of moral justice." He stated clearly that the only resolution he would support would be a token payment of one dollar. A second communication indicated his willingness to meet with FDIC officials. I will arrange any meeting upon any showing that such a meeting would be productive. I so indicated to Faith on October 23rd, with principals present.

Again, I am acting under an order of the Court of Appeals and I will work with both sides to achieve an acceptable result. The positions expressed by both sides appear to result in an impasse which at this point, I see no prospect in dissolving.

Regards,

ADM