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FRESCA v. F.D.I.C.

No. 91 Civ. 3624 (LBS).

818 F.Supp. 664 (1993)

Jacqueline and Crescent FRESCA, Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver for the Seamen's Bank for Savings, Defendant.

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

April 16, 1993.

Attorney(s) appearing for the Case

The Straniere Law Firm, Staten Island, NY (Robert A. Straniere, of counsel), for plaintiffs.

Barnes, McGhee, Neal, Poston & Segue, New York City (Cesar V. Ottey, of counsel), for defendant.

OPINION

SAND, District Judge.

This action is brought by Jacqueline Fresca and her husband, Crescent Fresca, against the FDIC as receiver for Seamen's Bank for Savings (the "Bank"), under 12 U.S.C. § 1821, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), challenging the repudiation of benefits under an Enhanced Retirement Program ("ERP"). Currently before the Court are cross-motions for summary judgment. Because we find...

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