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UNITED BANK OF WACO v. FIRST REPUBLIC BANK WACO

No. W-90-CA-252.

758 F.Supp. 1166 (1991)

UNITED BANK OF WACO, N.A., Plaintiff, v. FIRST REPUBLIC BANK WACO, N.A., as Executor of the Estate of Laura Head, and Ann Ward also known as Mrs. R.A. Ward, Jr., Defendants, and Federal Deposit Insurance Corporation, Intervenor.

United States District Court, W.D. Texas, Waco Division.

February 12, 1991.

Attorney(s) appearing for the Case

Michael R. Swan, Federal Deposit Ins. Corp., Dallas, Tex., for intervenor.

Paxton King Littlepage, Mart, Tex., for defendants.

ORDER

WALTER S. SMITH, Jr., District Judge.

Came on to be considered the Federal Deposit Insurance Corporation's (FDIC) Motion to Dismiss. The FDIC files this motion pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6). The Defendants have not answered.

I. Background

United Bank interplead funds from Laura Head's saving account into the state court's registry on February 3, 1988. United Bank requested attorney's fees and...

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