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FIRST NATIONWIDE BANK v. FLORIDA SOFTWARE SERVICES

Nos. 89-188-CIV-ORL-18, 89-189-CIV-ORL-18.

770 F.Supp. 1537 (1991)

FIRST NATIONWIDE BANK, a Federal Savings Bank, and Pathway Financial, a Federal Association, a federal savings and loan association, Plaintiffs/Counterdefendants, v. FLORIDA SOFTWARE SERVICES, INC., a Florida corporation and The Kirchman Corporation, a Georgia corporation, Defendants/Counterplaintiffs, v. FIRST NATIONWIDE FINANCIAL CORPORATION, Additional Counterclaim Defendant. KIRCHMAN CORPORATION and Florida Software Services, Inc., Plaintiffs, v. PATHWAY FINANCIAL, F.A., and First Nationwide Financial Corporation, Defendants.

United States District Court, M.D. Florida, Orlando Division.

July 19, 1991.

Attorney(s) appearing for the Case

Jonathan Cohen, Shutts & Bowen, Miami, Fla., for plaintiffs/counterdefendants.

Alan M. Gerlach, Litchford, Christopher & Milbrath, Orlando, Fla., for defendants/counterplaintiffs.

ORDER AND OPINION

KELLAM, Senior District Judge, Sitting by Designation.

First Nationwide Bank ("FNB") and Pathway Financial, A Federal Association ("Pathway") filed this declaratory judgment action on March 3, 1989 against The Kirchman Corporation ("Kirchman") and Florida Software Services ("FSS"). FNB and Pathway seek a determination by the Court that they are not in breach of antiassignment clauses contained...

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