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FED. DEPOSIT INS. CORP. v. NATIONAL SUR. CORP.

Nos. 76 Civ. 494, 76 Civ. 515.

425 F.Supp. 200 (1977)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity and as Receiver of Franklin National Bank, Plaintiff, v. NATIONAL SURETY CORPORATION et al., Defendants. Sol Neil CORBIN, as Trustee in Bankruptcy of Franklin New York Corporation, Plaintiff, v. NATIONAL SURETY CORPORATION et al., Defendants.

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

January 19, 1977.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiff; William E. Kelly, Edward C. Cerny, III, New York City, of counsel.

Rivkin, Leff & Sherman, Garden City, N. Y., for National Surety and Firemen's Fund; Leonard L. Rivkin, Garden City, N. Y., Jeffrey Silberfeld, Point Lookout, N. Y., Harry Weinig, Hempstead, N. Y., of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Aetna Cas. & Sur. Co.; Mark A. Belnick, Richard Wasserman, New York City, of counsel.

Shea, Gould, Climenko, Kramer & Casey, New York City, for Ins. Co. of N. A.; Ronald H. Alenstein, Robert Hawley, New York City, of counsel.

Barrett Smith Schapiro & Simon, New York City, for Corbin; Michael O. Finkelstein, New York City, of counsel.

MEMORANDUM AND ORDER

PLATT, District Judge.

In the second of the above entitled actions defendant bonding companies have moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment, and the Trustee in such action has cross-moved for partial summary judgment under such Rule for a determination that the notice and proof of loss requirements of the bonds issued by the defendants have been satisfied with respect to the Trustee's...

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