Nutter, McClennen & Fish, LLP

ATTORNEYS AT LAW

ONE INTERNATIONAL PLACE
BOSTON, MASSACHUSETTS 02110-2699
TELEPHONE: 617 439-2000         FACSIMILE 617 973-9748
CAPE COD OFFICE                 DIRECT DIAL NUMBER
HYANNIS, MASSACHUSETTS               (617) 439-23280


July 3, 1997
72556-1



VIA FACSIMILE

Linda D. Thompson
Attorney at Law
UNDISCLOSED

Re:  FDIC v. Sweeney

Dear Ms. Thompson,

I am in receipt of the two letters which you sent to me by facsimile on July 3, 1997.

Your most recent letter again does not accurately summarize our telephone conversations on July 2, 1997 or the history of this matter.  That letter also appears to ignore the pertinent facts and law, including, notably, the decision of the United States Court of Appeals for the First Circuit in Sweeney v. Resolution Trust Corp., 16 F. 3d 1 (1st Cir. 1994), cert. denied, 513 U.S. 914 (1994). rehearing denied, 513 U.S. 1105 (1995). However, I will convey your proposal to my client.

Please note that the unilateral "understanding" you refer to in the last paragraph of your letter is inaccurate and untimely.  My client cannot continue to delay or justify further costs to taxpayers.  The Court has issued Orders directing the United States Marshals Service to put my client in possession of its properties.  As I told you yesterday, I expect that, in compliance with the Court's Orders, the United States Marshals Service will evict your clients from my client's properties.

Very truly yours,



Joseph F. Shea
JFS/pm