MEMORANDUM AND ORDER
BECHTLE, District Judge.
Presently before the court are the cross-motions for summary judgment of plaintiff Frank J. Soriero ("plaintiff") and defendant Federal Deposit Insurance Corporation ("FDIC"). For the reasons set forth below, the court will grant Soriero's motion for summary judgment and will deny the FDIC's motion for summary judgment. Judgment will be entered in favor of plaintiff and against the FDIC.
I.
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