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FEDERAL DEPOSIT INS. CORP. v. MILLER

Civ. A. No. 83-2479-O.

671 F.Supp. 1286 (1987)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Allen R. MILLER, Defendant.

United States District Court, D. Kansas.

March 5, 1987.

Attorney(s) appearing for the Case

Michael C. Manning and Marc E. Elkins, Morrison, Hecker, Curtis, Kuder & Parrish, Overland Park, Kan., and Christopher A. Byrne, Office of General Counsel, Federal Deposit Ins. Corp., Washington, D.C., for plaintiff.

Leonard Rose, Ryder, Rose, Frensley & Shapiro, Kansas City, Mo., Jo Ann Butaud and Richard C. Wallace, Evans, Mullinix & Jarczyk, Kansas City, Kan., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter arises out of the failure of Indian Springs State Bank ["ISSB"] and the subsequent appointment of the Federal Deposit Insurance Corporation ["FDIC"] as receiver for the bank. Pending before the court is the FDIC's motion for summary judgment. For the following reasons, we shall grant the motion.

Before turning to the FDIC's motion, we emphasize the following legal principles: The movant...

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