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U.S. v. CHORICE

No. 93-1245-CV-W-1.

857 F.Supp. 672 (1994)

UNITED STATES of America, Plaintiff, v. Matthew J. CHORICE, et al., Defendants, Roger Barbieri and Vito Barbieri, Defendants and Third-Party Plaintiffs, Federal Deposit Insurance Corporation, Third-Party Defendant.

United States District Court, W.D. Missouri, Western Division.

July 12, 1994.

Attorney(s) appearing for the Case

Alleen Castellani, Asst. U.S. Atty., Kansas City, MO, for plaintiff.

Phillip Nonnemaker, Edward L. Pendleton, Kansas City, MO, for defendants.

ORDER

WHIPPLE, District Judge.

The FDIC asks the court to dismiss the third-party complaint for the lack of subject matter jurisdiction. The court will deny the motion.

I. Background

On March 31, 1986, Systems Specialists, Inc. (Systems) obtained a $395,000.00 loan from Superior National Bank (Bank). Each of the defendants owned an interest in Systems and agreed to guarantee the loan in proportion of their ownership interest in Systems...

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