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F.D.I.C. v. MODULAR HOMES, INC.

Civ. A. No. 92-5492.

859 F.Supp. 117 (1994)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Community Guardian Bank, in Receivership, Plaintiff, v. MODULAR HOMES, INC., et al., Defendants.

United States District Court, D. New Jersey.

August 1, 1994.

Attorney(s) appearing for the Case

Gerald A. Liloia, Glenn D. Curving, Conrad G. Cyriax, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for plaintiff.

Michael Walker, Higgins & Walker, Ringwood, NJ, for defendants.

OPINION

WOLIN, District Judge.

Before the Court is the motion of plaintiff, Federal Deposit Insurance Corporation ("FDIC"). A plethora of issues arises out of what seems to be a simple motion by the FDIC to dismiss affirmative defenses raised by the defendants, Modular Homes, Inc., t/a Excel Homes, William & Rosalind Higgins, and Hugh and Margaret Walsh (collectively "Modular"), in response to the FDIC's foreclosure action. The FDIC argues that...

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