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McNEILY v. U.S.

Civ. A. No. 3-88-1853-H.

798 F.Supp. 395 (1992)

Peter W.G. McNEILY, Liquidator for Independent American Participating Income Fund, L.P., v. UNITED STATES of America; Sunbelt Savings, F.S.B.; FDIC as Manager of FSLIC Resolution Fund; FDIC as Manager of FSLIC Resolution Fund and Receiver for Independent American Savings Association; FDIC as Manager of the FSLIC Resolution Fund as Receiver for Independent American Savings Association; Richard H. Crowe, Jr., Individually; Jack R. Gaubert, Individually; Janice H. Gragg, Individually; Tommy G. Lane, Individually; Robert M. Russell, Individually and Arthur L. Westcot, Individually.

United States District Court, N.D. Texas, Dallas Division.

January 8, 1992.

Attorney(s) appearing for the Case

Richard G. Elliott and Scott J. Finkelstein, Richards, Layton & Finger, Wilmington, Del., Robert M. Cohan and Sarah L. Scharnberg, Cohan, Simpson, Cowlishaw Aranza & Wulff, Dallas, Tex., for plaintiff.

Thomas Holzman, FDIC, Legal Div., Washington, D.C., Michael H. Gentry, West Adams Webb & Allbritton, Bryan, Tex., for defendants.

Robert M. Greenberg, Dallas, Tex., for defendant Gaubert.

Orrin Harrison, III and David P. Blanke, Locke Purnell Rain & Harrell, Dallas, Tex., for FSLIC and Gragg.

Paul Boudreaux, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C., Marvin Collins and Rebecca Gregory, Office of U.S. Atty., Dallas, Tex., for U.S.

Donald A. Wall, Squire, Sanders & Dempsey, Phoenix, Ariz., for FSLIC in its Corporate Capacity.

Richard H. Crowe, Jr., pro se.

David Duke, Arlington, Tex., for defendant Westcot.

MEMORANDUM OPINION AND ORDER

SANDERS, Chief Judge.

Before the Court are Resolution Trust Corporation's Motion to Stay and Supporting Memorandum, filed October 9, 1991; Plaintiff's Opposition to Resolution Trust Corporation's Motion, filed November 7, 1991; and Resolution Trust Corporation's Reply Brief in Support of its Motion, filed December 4, 1991.

I. Statement of Case

Plaintiff, Peter McNeily, was appointed liquidator for the...

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