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FLEISCHER v. F.D.I.C.

No. CIV. A. 97-2390-GTV.

70 F.Supp.2d 1238 (1999)

Ernest M. FLEISCHER, Mary Louise Greene, and Ted Greene, Jr., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, in its capacity as receiver for Franklin Savings Association, and in its capacity as receiver for Franklin Federal Savings Association, Defendant.

United States District Court, D. Kansas.

September 24, 1999.

Attorney(s) appearing for the Case

James Borthwick, Michael Thompson, Michael C. Phillips, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Ernest M. Fleischer, Mary Louise Greene, Ted Greene, Jr., plaintiffs.

Janice M. Karlin, Office of United States Attorney, Kansas City, Charles L. Cope, II, Federal Deposit Insurance Corporation, Office of the General Counsel, Washington, DC, Bernard J. Rhodes, R. Kent Sellers, Robert K. Sellers, Lathrop & Gage L.C., Kansas City, MO, Richard Braun Foley, Federal Deposit Insurance Corp., Washington, DC, for Federal Deposit Insurance Corporation, defendant.

MEMORANDUM AND ORDER

VANBEBBER, District Judge.

Plaintiffs originally filed this action seeking indemnification pursuant to a Franklin Savings Association bylaw and Kansas corporate indemnification statute, K.S.A. 17-6305, for attorney fees and expenses incurred in defending a lawsuit initiated by defendant in February 1993. The case is before the court on plaintiffs' motion for partial summary judgment (Doc. 68) against defendant in its capacity...

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