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SUMMIT BANK v. U.S. DEPT. OF TREASURY-BUREAU

Civil Action No. 97-4108(WHW).

24 F.Supp.2d 382 (1998)

SUMMIT BANK, Plaintiff, v. U.S. DEPARTMENT OF THE TREASURY-BUREAU OF THE PUBLIC DEBT; Commissioner, U.S. Department of the Treasury-Bureau of the Public Debt; Estate of Shirley M. Starling, Deceased; James D. Starling, Individually and as Executor of the Estate of Shirley M. Starling; Linda R. Melvin; John Does 1-10; and Jane Does 1-10 and ABC Companies 1-10, Defendants.

United States District Court, D. New Jersey.

October 30, 1998.

Attorney(s) appearing for the Case

Faith S. Hochberg, U.S. Attorney, Newark, NJ, Susan Handler-Menahem, Assistant U.S. Attorney, Newark, NJ, for Defendant U.S. Department of the Treasury.

David B. Katz, P.C., Livingston, NJ, for Defendants Estate of Shirley M. Starling, and James Starling, individually and as Executor of the Estate of Shirley M. Starling.

Gregg S. Sodini, Cuyler Burk, Parsippany, NJ, for Plaintiff Summit Bank.

OPINION

WALLS, District Judge.

Federal defendant, the U.S. Department of the Treasury ("Treasury") moves to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. The non-federal defendants are the estate of Shirley M. Starling and James Starling (individually and as executor of the estate) and Linda Melvin. Plaintiff Summit Bank ("Summit") has filed a cross motion for summary judgment in its favor. Pursuant to Rule 78...

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