OPINION AND ORDER
BILLINGS, District Judge.
Appellant Federal Deposit Insurance Corporation as receiver of Valley Bank ("FDIC") appeals a July 2, 1992 decision of Judge Conrad of the U.S. Bankruptcy Court denying the FDIC's motion to dismiss appellee Maxine B. Purcell's ("Purcell") cause of action for lack of subject matter jurisdiction and granting Purcell's motion for summary judgment,
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