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F.D.I.C. v. NAT. ASS'N OF SECURITIES DEALERS

Civ. No. 83-334-B.

582 F.Supp. 72 (1984)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., Defendant.

United States District Court, S.D. Iowa, Central Division.

February 14, 1984.

Attorney(s) appearing for the Case

Frank W. Davis, Jr., R. Jeffrey Lewis, Gamble, Riepe, Burt, Webster & Davis, Des Moines, Iowa, and Thomas A. Brooks, Gen. Counsel, Daniel W. Persinger, Deputy Gen. Counsel, Mark F. Pretzat, Attorney, Federal Deposit Ins. Corp., Washington, D.C., for plaintiff.

Stephen M. Morain, Gale E. Juhl, Morain, Burlingame & Pugh, West Des Moines, Iowa, Frank Wilson, Andrew McR. Barnes, T. Grant Callery, Washington, D.C., Clifford M. Greene, Stephen M. Morain, West Des Moines, Iowa, Popham, Haik, Schnobrich, Kaufman & Doty Ltd., Minneapolis, Minn., for defendant.

RULING AND ORDER OF DISMISSAL

VIETOR, District Judge.

Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and (6) is before the court.

The action stems from the collapse of the First National Bank of Humboldt, Iowa. Between March 1981 and March 1982, the bank transferred substantial funds and securities to the Lewellyn Company,1 a brokerage company. Gary Lewellyn, the president and principal of the Lewellyn...

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