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ORCHARD HILLS CO-OP. APTS. v. RESOLUTION TRUST

No. 91-3003.

779 F.Supp. 104 (1991)

ORCHARD HILLS COOPERATIVE APARTMENTS, INC., an Illinois not-for-profit corporation, Plaintiff, v. RESOLUTION TRUST CORPORATION, as Receiver of Germania Bank, a Federal Savings Bank, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

November 25, 1991.

Attorney(s) appearing for the Case

Robert V. Ogren, Kevin T. McClain, Springfield, Ill., for plaintiff.

Donald L. Smith, Alton, Ill., for defendant.

OPINION

RICHARD MILLS, District Judge:

Sadly, we face here the failure of another Savings & Loan.

The issue: whether a complaint against the Resolution Trust Corporation, as receiver of a failed financial institution, must be dismissed when the plaintiff filed its claim in United States District Court prior to pursuing federally mandated administrative remedies.

Before the Court is Defendant's motion to dismiss Plaintiff's complaint...

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