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FEDERAL DEPOSIT INS. CO. v. MGIC INDEM. CORP.

No. 78-C-421.

462 F.Supp. 759 (1978)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. MGIC INDEMNITY CORPORATION, a subsidiary of MGIC Investment Corp., a foreign corporation, Goldie Derenne, Earl B. Krueger, Jr., J. F. March, M.D., S. Dean Pies, George D. Schmitz, and Louis Toebe, Defendants.

United States District Court, E. D. Wisconsin.

December 13, 1978.

Attorney(s) appearing for the Case

James R. Cole, Ross & Stevens, Madison, Wis., for plaintiff.

Marvin E. Klitsner, Foley & Lardner, Milwaukee, Wis., for MGIC Indemnity.

Robert E. Cook, Cook & Franke, Milwaukee, Wis., for all other defendants.

MEMORANDUM AND ORDER

WARREN, District Judge.

Defendant, MGIC Indemnity Corporation (MGIC), has filed a motion to dismiss the complaint pursuant to Rule 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. As grounds for this motion, this defendant alleges that MGIC is not a proper party to this action and cannot be sued directly until the liability, if any, of MGIC's co-defendants has been determined.

The individual defendants, Goldie Derenne...

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