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BRANCH v. F.D.I.C.

Civ. A. Nos. 91-10976-Y, 92-10091-Y, 92-10807-Y, 92-10904-Y and 92-12091-Y.

833 F.Supp. 56 (1993)

Dr. Ben S. BRANCH, as Trustee of Bank of New England Corporation, and derivatively on behalf and in the name of Connecticut Bank and Trust Company, N.A. and Maine National Bank, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Federal Deposit Insurance Corporation, in its capacity as receiver for Bank of New England, N.A., Connecticut Bank & Trust Company, N.A., Maine National Bank, Federal Deposit Insurance Corporation, in its capacity as receiver for New Bank of New England, N.A., New Connecticut Bank & Trust Company, N.A., and New Maine National Bank, and Fleet Bank of Massachusetts, N.A., Fleet Bank, N.A., and Fleet Bank of Maine Defendants.

United States District Court, D. Massachusetts.

September 10, 1993.

Attorney(s) appearing for the Case

Richard Hiersteiner, Palmer & Dodge, Boston, MA, for John L. Whitlock.

Hugh M. Ray, Andrews & Kurth, Dallas, TX, Van Oliver, Andrews & Kurth, Houston, TX, for Ben Branch.

Jon D. Schneider, Goodwin, Proctor & Hoar, Deborah S. Griffin, Peabody & Arnold, Boston, MA, for New Bank of New England, N.A., New Connecticut Bank & Trust Co., N.A., New Maine National Bank, and F.D.I.C.

William W. Abendroth, Boston, MA, for Fleet Bank-NH.

Deborah S. Griffin, Peabody & Arnold, Boston, MA, Thomas A. Schulz, Charles L. Cope, II, Tom K. Reeves, Susan K. Bank, Marta W. Berkley, Steven M. Kaufman, Wendy Kloner, F.D.I.C., Washington, DC, for F.D.I.C.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This matter originally came before the Court upon the Defendants' motion to dismiss, based upon a variety of grounds, filed with the Court on May 11, 1992. On May 24, 1993, the Court severed consideration of, and requested further argument and affidavits on, the argument of the defendant Federal Deposit Insurance Corporation as Receiver ("FDIC-Receiver")1 that certain of the...

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