U.S. Court of Appeals for the First Circuit, 1994

In Re: Microbiologic v. McGaw

In Re: Microbiologic v. McGaw
U.S. Court of Appeals for the First Circuit · Decided February 17, 1994

In Re: Microbiologic v. McGaw

Opinion

USCA1 Opinion






February 17, 1994 [NOT FOR PUBLICATION]
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

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No. 93-2035


IN RE MICROBIOLOGICAL SCIENCES, INC., ETC.,

Debtor.
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MICROBIOLOGICAL SCIENCES, INC.,

Debtor,

v.

KENNETH A. McGAW, ETC., ET AL.,

Appellants.

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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ronald R. Lagueux, U.S. District Judge]
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Before

Selya, Boudin and Stahl, Circuit Judges.
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Andrew Z. Schwartz, with whom Foley, Hoag & Eliot was on
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brief, for appellants.
Charles R. Bennett, Jr., with whom Paul S. Samson and Riemer
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& Braunstein were on brief, for appellee Shawmut Bank.
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Per Curiam. As we have indicated before, when a
Per Curiam.
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district court produces a scholarly opinion that reaches the

correct result, a reviewing tribunal should not rush to write at

length merely to put matters in its own words. See, e.g., In re
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San Juan Dupont Plaza Hotel Fire Litig., 989 F.2d 36, 38 (1st
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Cir. 1993). So it is here. We agree with the court below that,

in this case, (i) the mortgage at issue is not a valid "in globo"

mortgage under Louisiana law, and (ii) the bankruptcy court erred

in holding to the contrary. We, therefore, summarily affirm the

judgment below, for substantially the reasons articulated in the

district court's comprehensive and well-reasoned rescript, see In
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re Microbiological Sciences, Inc., C.A. Nos. 92-0255, 92-0654,
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slip. op. at 7-19 (D.R.I. Aug. 13, 1993).



Affirmed. See 1st Cir. Loc. R. 27.1.
Affirmed. See 1st Cir. Loc. R. 27.1.
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