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MARYLAND NAT. BANK v. RESOLUTION TRUST CORP.

Civ. No. L-92-1761.

895 F.Supp. 762 (1995)

MARYLAND NATIONAL BANK, Plaintiff, v. RESOLUTION TRUST CORP., as receiver for Augusta Federal Savings Bank, Defendant.

United States District Court, D. Maryland.

August 3, 1995.

Attorney(s) appearing for the Case

Mark C. Treanor and Stephen J. Hughes of Treanor, Pope & Hughes, Towson, MD, for plaintiff Maryland Nat. Bank.

Paul N. Sameth of Adelberg, Rudow, Dorf, Hendler & Sameth, Baltimore, MD, for defendant Resolution Trust Corporation as receiver for Augusta Federal Savings Bank.

MEMORANDUM

LEGG, District Judge.

The Court now decides the motion for summary judgment filed by the Resolution Trust Corporation ("RTC"). For the reasons given below, the Court shall DENY the motion.

I. FACTS

The following facts are undisputed. On September 17, 1989, Augusta Federal Savings Bank ("Augusta"), through Senior Credit Officer Robert Schmuff, issued a check for $76,000, payable to Donald Cohen and Tyme-N-Tyde Marina...

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