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MBANK NEW BRAUNFELS v. FED. DEPOSIT INS. CORP.

No. CA3-89-1064-F.

772 F.Supp. 313 (1991)

MBank NEW BRAUNFELS, N.A., Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Capacity as Receiver for MBank Dallas, N.A., and in its Corporate Capacity, and the Deposit Insurance Bridge Bank, N.A., Defendants.

United States District Court, N.D. Texas, Dallas Division.

July 10, 1991.

Attorney(s) appearing for the Case

Thomas W. Luce, III, Jeffrey C. King, David Bryant, Kim J. Askew, R. Doak Bishop, Hughes & Luce, Dallas, Tex., John D. Hawke, Jr., Howard N. Cayne, Arnold & Porter, Washington, D.C., for plaintiff.

Mark I. Rosen, Dep. Gen. Counsel, Thomas A. Schulz, Asst. Gen. Counsel, Robert G. Clark, Senior Litigation Atty., Joan E. Smiley, Senior Atty. Robert S. Cessar, Atty., Federal Deposit Ins. Corp. Washington, D.C., Robert W. Patterson, John L. Rogers, Peter F. Lovato, III, Lawrence F. Gates, Wm. J. McKenna, Nancy Anglin, Robert F. Reklaitis, Hopkins & Sutter, Dallas, Tex., for defendants.

JUDGMENT AND MEMORANDUM OPINION

ROBERT W. PORTER, Senior District Judge.

Before the Court are three motions: (1) the Plaintiff MBank New Braunfels' Motion for Summary Judgment, (2) the Defendant FDIC's Motion for Summary Judgment, and (3) the Plaintiff's Motion to Dismiss Counterclaim or for Summary Judgment on Counterclaim. The Court is of the opinion that this case is ripe for summary judgment. After careful consideration of the pleadings and exhibits...

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