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IN RE FIRST CITY FINANCIAL CORP.

Bankruptcy No. 11-85-01146 MA, Adv. No. 85-0408 M.

61 B.R. 95 (1986)

In re FIRST CITY FINANCIAL CORPORATION, a New Mexico corporation, a/k/a Moncor Inc., Debtor. FIRST CITY FINANCIAL CORPORATION, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

United States Bankruptcy Court, D. New Mexico.

April 29, 1986.

Attorney(s) appearing for the Case

Seth Montgomery, Santa Fe, N.M., for plaintiff.

Robert A. Johnson, Albuquerque, N.M., for defendant.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the Federal Deposit Insurance Corporation's (FDIC) motion to dismiss the debtor's complaint of preferential transfer under 11 U.S.C. § 547.

The issue before the Court is whether the debtor, First City Financial Corporation (FCFC) may maintain a cause of action against the FDIC in its receiver and corporate capacities under 11 U.S.C. § 547.

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