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FEDERAL DEPOSIT INS. CORP. v. BANCINSURE, INC.

No. Civ. 3-91-54.

770 F.Supp. 496 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity for the State Bank of Morgan, Plaintiff, v. BANCINSURE, INC., Defendant.

United States District Court, D. Minnesota, Third Division.

July 30, 1991.

Attorney(s) appearing for the Case

Marshall H. Tanick and Patricia D. Alton, Mansfield & Tanick, Minneapolis, Minn., for plaintiff.

Donald J. Brown, Winthrop & Weinstine, St. Paul, Minn., for defendant.

MEMORANDUM OPINION AND ORDER

DEVITT, District Judge.

Introduction

Plaintiff Federal Deposit Insurance Corporation (FDIC), appointed receiver of the State Bank of Morgan, Minnesota, commenced this action to recover under fidelity bonds issued by defendant BancInsure, Inc. Plaintiff moves the court to enter summary judgment against two affirmative defenses asserted by defendant as well as defendant's counterclaim. Specifically, plaintiff attacks...

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