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NVMERCURE LTD. PARTNERSHIP v. RESOLUTION TRUST

Civ. A. No. 94-1113.

871 F.Supp. 488 (1994)

NVMERCURE LIMITED PARTNERSHIP, and NVCommercial Incorporated, Plaintiffs, v. RESOLUTION TRUST CORPORATION, as Receiver for Perpetual Savings Bank, F.S.B., Defendant.

United States District Court, District of Columbia.

December 12, 1994.

Attorney(s) appearing for the Case

John Williams Polk, Baker & McKenzie, Roger J. Lerner, Lerner & Reed, Washington, DC, for plaintiffs NVMercure Ltd. Partnership, NVCommercial Inc., Gen. Partner.

Douglas E. Ginsburg, Jeffrey Phillip Bloom, Metzger, Hollis, Gordon & Mortimer, Kirk Kelso Van Tine, Wendy Jane Lang, Baker & Botts, L.L.P., Washington, DC, for defendant Resolution Trust Corp. in its capacity as Receiver for Perpetual Savings Bank, F.S.B.

MEMORANDUM OPINION

SPORKIN, District Judge.

NVMercure Limited Partnership and its general partner, NVCommercial, Inc. ("NVMercure"), filed this lawsuit against Resolution Trust Corporation ("RTC") for judicial review of RTC's denial of Plaintiffs' claims for money damages pursuant to 12 U.S.C. § 1821(d)(6). This matter comes before the Court on Defendant RTC's motion to dismiss Count I of Plaintiffs' complaint which seeks damages for RTC's alleged breach...

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