COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, ss.SUPERIOR COURT
CIVIL ACTION
No. 89-2424


RHETTA B. SWEENEY
Individually and as Trustee of the
MAPLE LEAF REALTY TRUST and of the
CANADIAN REALTY TRUST; and
JOHN SWEENEY, Individually,
Plaintiffs,

vs.

COMFED SAVINGS BANK,
COMFED MORTGAGE CO., INC.
COMFED ADVISORY CO., INC. and
DENNIS FUREY,
Defendants.

FINDINGS OF FACT, RULINGS OF LAW
AND ORDER RELATIVE TO COUNT II
AND COUNT VIII OF PLAINTIFFS' COMPLAINT

PROCEDURAL BACKGROUND


The plaintiffs, owners of two parcels of land, Rhetta B.

Sweeney and John Sweeney ("Sweeneys") are seeking a preliminary

injunction to restrain a foreclosure and for damages against the

defendants, ComFed Savings Bank, ComFed Mortgage Company, Inc.,

ComFed Advisory Company, Inc. (collectively "ComFed"), and Dennis

Furey. The plaintiffs allege in a nine-count complaint that the

defendants engaged in fraudulent conduct in negotiating a loan

agreement setting forth the following claims:


Count I:breach of contract

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