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F.D.I.C. v. WHITE

Civ. A. No. 92-4662 (HLS).

828 F.Supp. 304 (1993)

The FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as Receiver of Mountain Ridge State Bank, Plaintiff, v. Leo Everett WHITE, et al., Defendants.

United States District Court, D. New Jersey.

July 29, 1993.

Attorney(s) appearing for the Case

Susan L. Hall, Williams, Caliri, Miller & Otley, Wayne, NJ, for plaintiff F.D.I.C.

Gerald Krovatin, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for defendants Carlesimo, Neumann, Glucksman, Grant, Rosen and Serra.

Michael F. Marino, Stein, Bliablias, McGuire, Pantages & Gigi, Livingston, NJ, for defendant White.

Alphonse T. Crescenzo, Glen Rock, NJ, for defendant Irish.

Edward N. Fitzpatrick, Clapp & Eisenberg, Newark, NJ, for defendant Schaffer.

Peter B. Bennet, Picco Mack Herbert Kennedy Jaffe & Yoskin, Trenton, NJ, for defendant Hildebrandt.

George B. Henkel, Soriano, Henkel, Biehl, Matthews & Marinello, Bloomfield, NJ, for defendant Salvatore.

Michael Ascher, Einhorn, Harris, Ascher & Barbarito, Denville, NJ, for defendant Franklin.

Harvey Weissbard, Weissbard & Wiewiorka, West Orange, NJ, for defendant Freund.

Peter V. Ryan, West Orange, NJ, for defendant Reddin.

OPINION

SAROKIN, District Judge.

Before the court is plaintiff's motion to strike most of the affirmative defenses asserted by the defendants to this action, including their defenses that the plaintiff has contributed to the losses at issue and that the plaintiff has failed to mitigate damages.

Introduction

Aspects of the motion pending before the court raise fundamental questions regarding the duties and responsibilities of government...

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