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

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

29 F.Supp.2d 164 (1998)

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.

November 24, 1998.

Attorney(s) appearing for the Case

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

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

DECISION and ORDER

CURTIN, District Judge.

STATEMENT OF THE CASE

Plaintiff, Central Buffalo Project Corporation ("Central Buffalo"), commenced this action against defendant Resolution Trust Corporation ("RTC") as an individual corporation, as receiver of Empire of America Federal Savings Bank ("Old Empire"), and as receiver of Empire Federal Savings Bank of America ("New Empire"). Plaintiff alleges that the RTC failed to repudiate five leases...

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