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SPRING GARDEN ASSOCIATES, L.P. v. RESOLUTION TRUST

Civ. A. No. 93-205.

860 F.Supp. 1070 (1994)

SPRING GARDEN ASSOCIATES, L.P. v. RESOLUTION TRUST CORPORATION, in its capacity as receiver of Bell Federal Savings Bank, PA S.A.; Jay M. Gross; Nathaniel D. Gross; Gary L. Wilson.

United States District Court, E.D. Pennsylvania, Civil Division.

Order Denying Reconsideration September 13, 1994.

Attorney(s) appearing for the Case

Francis X. Clark, Esq., King of Prussia, PA, for plaintiff.

Bruce S. Haines, Philadelphia, PA, for defendant.

MEMORANDUM

BARTLE, District Judge.

This case arises out of the alleged failure of a savings bank, presently in Resolution Trust Corporation ("RTC") receivership, to honor a loan commitment. Currently before the court are RTC's motions to dismiss the case for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) or to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Plaintiff, Spring...

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