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RESOLUTION TRUST v. FIDELITY & DEPOSIT CO. OF MD.

No. 94-4145-SAC.

885 F.Supp. 228 (1995)

RESOLUTION TRUST CORPORATION, as Receiver for Peoples Heritage Savings, a Federal Savings and Loan Association, and Peoples Heritage Federal Savings and Loan Association of Salina, Kansas, Plaintiff, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant.

United States District Court, D. Kansas.

March 10, 1995.

Attorney(s) appearing for the Case

Timothy H. Girard, Topeka, KS, Brad A. Chapman, Steven L. Hoard, Mullin, Hoard & Brown, Amarillo, TX, R.K. Hurrington, F.D.I.C., Washington, DC, for plaintiff.

Timothy J. Pringle, Ascough, Eschmann, Oyler, P.A., Topeka, KS, Duncan L. Clore, Michael Keeley, Strasburger & Price, L.L.P., Dallas, TX, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the plaintiff's motion for review (Dk. 25) of the magistrate judge's order filed December 16, 1994 (Dk. 22), and on the defendant's motion to strike (Dk. 28) the plaintiff's motion for review as untimely. The court denies both motions for the reasons now stated.

Motion to Strike

The defendant argues the plaintiff's...

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