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TUXEDO BEACH CLUB CORP. v. CITY FEDERAL SAV. BANK

Civ. A. No. 89-5225 (MHC).

749 F.Supp. 635 (1990)

TUXEDO BEACH CLUB CORPORATION and Edmund C. Wideman, III, Plaintiffs, v. CITY FEDERAL SAVINGS BANK, in receivership, Resolution Trust Corporation as Receiver, Defendant. CITY SAVINGS BANK, F.S.B., in conservatorship, Resolution Trust Corporation, Conservator, Plaintiffs-Interveners, v. TUXEDO BEACH CLUB CORPORATION and Edmund C. Wideman, III; Central Glass, Co., Inc., Crossroads Construction Company, Allmilmo Corporation, General Masonry Building and Construction Co., Inc., Alco Incorporated, B & B Custom Drywall Co., Inc., De Falco and Bisconti, Inc., J. Wittman & Sons, Inc. a/k/a Wittman & Sons, Inc., Labor Mechanical Contractors, Hilti, Inc., Defendants.

United States District Court, D. New Jersey.

October 31, 1990.

Attorney(s) appearing for the Case

Horn, Kaplan, Goldberg, Gorny & Daniels, P.C. by Mark Soifer, Atlantic City, N.J., for plaintiffs.

Cassidy, Foss & Filippo by Roger J. Foss, and Kathleen A. Sheedy, Red Bank, N.J., for defendant Resolution Trust Corp.

OPINION

COHEN, Senior District Judge:

This breach of contract and tort action is presently before the Court on plaintiffs' Motion for Partial Summary Judgment and defendant's Motion to Dismiss.

I. FACTUAL HISTORY

A. The Parties

Plaintiffs, Tuxedo Beach Club Corporation ("Tuxedo Beach"), and its president, Edmund C. Wideman, III ("Wideman") (collectively "Plaintiffs") initiated a lender liability action against defendant...

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