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FEDERAL DEPOSIT INS. CORP. v. BERNSTEIN

Nos. CV 89-2080, CV 91-1441.

786 F.Supp. 170 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Guardian Bank, N.A., Plaintiff, v. Louis B. BERNSTEIN, et al., Defendants. In the Matter of the Application of Michael H. SOROKA, as Independent Receiver of the New York Guardian Mortgagee Corporation, Enforcing the Agreement with Federal National Mortgage Association. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. Michael H. SOROKA, individually and in his capacity as the Independent Receiver for The New York Guardian Mortgagee Corporation, and the New York Guardian Mortgagee Corporation, Defendants.

United States District Court, E.D. New York.

January 10, 1992.

Attorney(s) appearing for the Case

Reid & Priest, New York City, for plaintiff; Evan Widlitz, Linda Terner, of counsel.

Marc Wieman, New York City, for the F.D.I.C. (Corporate).

Louis B. Bernstein, pro se.

Gordon Hurwitz Butowsky Weitzen Shalov & Wein, New York City, for Michael H. Soroka, Independent Receiver of The New York Guardian Mortg. Corp.; Victor J. Rocco, Richard A. Roth, of counsel.

Cadwalader, Wickersham & Taft, New York City, for Federal Nat. Mortg. Ass'n; John J. Walsh, Kathryn L. Hoenig, of counsel.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Michael H. Soroka ("Soroka"), both individually and in his capacity as the Independent Receiver for the New York Guardian Mortgagee Corporation ("NYGMC"), moves this court for an order dismissing the complaint of the Federal National Mortgage Association ("FNMA") or, in the alternative, staying the FNMA action pending determination of the Application of Michael H. Soroka, as Independent Receiver...

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