ORDER
HOYT, District Judge.
Pending before the Court are the cross motions for summary judgment of the plaintiff, Variable Annuity Life Insurance Company ("VALIC"), and the defendants, Robert L. Clarke, the Office of the Comptroller of the Currency ("OCC"), the United States of America, National Bank of North Carolina ("NCNB"), and NCNB Securities, Inc. ("NCNBS"). Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, NCNB further moves to dismiss...
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