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VINTON v. TRUSTBANK SAV., F.S.B.

Civ. A. No. 90-317 MMS.

798 F.Supp. 1055 (1992)

Benjamin VINTON, Jr., Plaintiff, v. TRUSTBANK SAVINGS, F.S.B., Defendant.

United States District Court, D. Delaware.

July 7, 1992.

Attorney(s) appearing for the Case

Stephen W. Spence of Phillips, Goldman, Spence & Nolte, Wilmington, Del., for plaintiff; William D. Johnston, (former counsel) (argued), of Young, Conaway, Stargatt & Taylor, Wilmington, Del.

Peter J. Walsh and Charlene D. Davis of Bayard, Handelman & Murdoch, P.A., Wilmington, Del. (William L. Stauffer, Jr., R. Grant Decker, (argued), and Joni L. Gamble, of Stauffer & Abraham, Falls Church, Va., of counsel), for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

This case stems from an action brought against a savings and loan association which failed while the case was pending. Defendant has moved to substitute parties and to dismiss for lack of subject matter jurisdiction. This Court has jurisdiction pursuant to 28 U.S.C. § 1331. For reasons which follow, the motion to substitute parties will be granted and the motion to dismiss will be denied upon condition...

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