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MELVILLE v. WANTSCHEK

No. 69 Civ. 1617.

403 F.Supp. 439 (1975)

Robert L. MELVILLE, Individually and Derivatively in the Right and for the Benefit of Theil, Inc., Plaintiff, v. Walter C. WANTSCHEK et al., Defendants. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver, Third-party Plaintiff, v. Henry A. SHAPIRO, Esq., et al., Third-party Defendants.

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

October 31, 1975.

Attorney(s) appearing for the Case

Schwenke & Devine, New York City, for plaintiff.

Sahn, Shapiro & Epstein, New York City, for Franklin National Bank.

Konheim, Halpern & Bleiwas, New York City, for Shapiro, Driscoll & Gottschalk on cross claims.

Shapiro, Driscoll & Canzomeri, Franklin Square, N. Y., for Shapiro, Driscoll & Gottschalk on main claim.

Santangelo & Santangelo, New York City, for Theil, Inc. (3d cause).

John Mitchell, New York City, for Theil Inc. (1st & 2d cause), and Wantschek, Sicinski, Rossi, Guttenberg and Walsh.

OPINION

PLATT, District Judge.

After six years of pre-trial maneuvering and the fairly recent filing by the plaintiff of an amended complaint and an amended pre-trial order, defendant Franklin National Bank (Federal Deposit Insurance Corporation, as Receiver — hereinafter "Franklin") has moved pursuant to FRCP 56 for summary judgent with respect to the first and second claims against it (the third through sixth claims are not made against said defendant...

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