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RESOLUTION TRUST CORP. v. COTTEN

No. 91-4656.

790 F.Supp. 649 (1992)

RESOLUTION TRUST CORPORATION, as Receiver for Oak Tree Savings Bank, S.S.B. and as Conservator of Oak Tree Federal Savings Bank v. Nadalyn Miller COTTEN, et al.

United States District Court, E.D. Louisiana.

As Amended May 11, 1992.

Attorney(s) appearing for the Case

Raymond P. Ward, Jerome R. Lepsich, Anthony Dunbar, Sessions and Fishman, and Paul J. Mirabile, Middleberg, Riddle and Gianna, New Orleans, La., for RTC.

Eric A. Holden, Patricia Garcia, New Orleans, La., for Nadalyn Miller Cotten, et al.

Thomas F. Daley, LaPlace, La., for Roger C. Cotten, Testamentary Trust.

ORDER AND REASONS

DUPLANTIER, District Judge.

The Resolution Trust Corporation as Receiver for Oak Tree Savings Bank, S.S.B. filed a motion to dismiss the counterclaim against it. For the following reasons, the motion is DENIED.

The issue is whether after a federally insured financial institution has been placed in receivership a district court must dismiss a suit filed against the institution prior to the appointment of the receiver, requiring the...

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