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CENTRAL BUFFALO PROJECT CORP. v. F.D.I.C.

No. 91-CV-824C(M).

975 F.Supp. 226 (1997)

CENTRAL BUFFALO PROJECT CORPORATION, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Empire of America Federal Savings Bank; Federal Deposit Insurance Corporation, as Receiver of Empire Federal Savings Bank of America; and Federal Deposit Insurance Corporation, as Manager for the FSLIC Resolution Fund, Defendants.

United States District Court, W.D. New York.

July 8, 1997.

Attorney(s) appearing for the Case

Falk & Siemer (Alvin M. Glick, of Counsel), Buffalo, NY, for Plaintiff.

Saperston & Day (Charles C. Swanekamp, of Counsel), Buffalo, NY, for Defendants.

DECISION AND ORDER

CURTIN, District Judge.

BACKGROUND

In this case, brought under the Federal Deposit Insurance Act, 12 U.S.C. § 1821(e), the parties have each filed in limine motions. Specifically, plaintiff, Central Buffalo Project Corporation ("Central Buffalo"), is seeking a determination precluding defendants from asserting as a defense that plaintiff must establish that it was prejudiced by defendants' delay in repudiating...

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