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TEXAS CONSUMER FINANCE CORP. v. FIRST NATIONAL CITY BANK

No. 72 Civ. 3475.

365 F.Supp. 427 (1973)

TEXAS CONSUMER FINANCE CORPORATION, Debtor-in-Possession, and Theodore Mack, Designee of the Creditors' Committee of Texas Consumer Finance Corporation, Debtor-in-Possession, Plaintiffs, v. FIRST NATIONAL CITY BANK, Defendant.

United States District Court, S. D. New York.

October 11, 1973.

Attorney(s) appearing for the Case

Alex L. Rosen, New York City, for plaintiffs.

Shearman & Sterling, New York City, for defendant.

GURFEIN, District Judge:

This is a motion pursuant to Fed.R. Civ.P. 12(c) for judgment on the pleadings dismissing the complaint on the ground that the plaintiffs may not maintain this action as a matter of law. The plaintiffs are Texas Consumer Finance Corporation (TCFC), the debtor in a Chapter XI arrangement proceeding in the Northern District of Texas, and Theodore Mack (Mack), the "Designee" of the Creditors' Committee, which was elected and qualified in the...

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