USCA1 Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

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No. 96-1049

BRAE ASSET FUND, L.P.,

Plaintiff, Appellant,

v.

WELD MANAGEMENT, INC.,

Defendant, Appellee.

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APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard G. Stearns, U.S. District Judge]

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Before

Torruella, Chief Judge,

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Cyr and Lynch, Circuit Judges.

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John A. Doonan,
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with whom

Doonan & Graves, Debra Csikos,

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Acquisition Management, Inc. were on brief for appellant.

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Joseph K. Mackey, with whom Kearney & Gleason, P.C.
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for appellee.

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December 3, 1996
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was on br

Per Curiam.
Per Curiam.
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review

Following

oral argument

of the briefs and the entire

the summary

("Weld"),

judgment entered in

essentially for

court.

the

and a

careful

record on appeal, we affirm

favor of Weld

Management, Inc.

reasons stated

by the

district

Largely on the strength of inapposite authorities,

see, e.g., Den Norske Bank AS v. First Nat'l Bank of Boston, 75

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F.3d 49 (1st Cir. 1996); Cofman v. Acton Corp., 958 F.2d 494 (1st
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Cir. 1992),

appeal

that

appellant Brae Asset Fund,

the plain

limited recourse

literal import

loan guaranty

L.P. ("Brae") asserts on

of

drafted by

the language

in the

its predecessor in

interest, Bank of New England, and executed by Weld's predecessor

in interest,

because

E.

Denis

Walsh,

Inc.

should

be

disregarded

the parties could not have intended that a loan guaranty

be rendered

meaningless as

essentially does.

the district court's

Brae's argument fails.

Even assuming that the

Brae

guaranty language is ambiguous,

did not generate a trialworthy issue of material fact, see,

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e.g., Den Norske Bank AS, 75

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extrinsic evidence (e.g.

or execution

that the

F.3d at 53, since

of guaranty, "usage

parties

meant

it proffered no

circumstances surrounding

dealing) which might enable

negotiations

of trade" evidence,

course of

a reasonable factfinder to determine

the limited

unlimited, as Brae urges.

not

interpretation

See
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recourse

id. at 55-59.
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guaranty

to

In fact, Brae

be

has

so much as intimated that any such extrinsic evidence exist-

ed, nor

indicated, for example, whether

E. Denis Walsh,

Inc., even

the original guarantor,

owned property which

it might

have

mortgaged to secure its loan guaranty.

sufficient to generate

Absent extrinsic evidence

a material issue of

to summary judgment was unavailing.

fact, its opposition

See id.
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Accordingly, the district court judgment is affirmed;

Accordingly, the district court judgment is affirmed;
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costs to appellee.
costs to appellee.

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