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RESOLUTION TRUST v. MASSACHUSETTS MUT. LIFE INS.

No. 93-CV-632C.

93 F.Supp.2d 300 (2000)

RESOLUTION TRUST CORPORATION, as Receiver for Empire Federal Savings Bank Of America, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant.

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

February 22, 2000.

Attorney(s) appearing for the Case

Hopkins & Sutter (David G. Goroff, of Counsel), Chicago, IL, for Plaintiff.

Jaeckle Fleischmann & Mugel, LLP (Anthony J. Latona, of Counsel), Buffalo, NY, for Defendant.

DECISION AND ORDER

CURTIN, District Judge.

INTRODUCTION

Plaintiff Federal Deposit Insurance Corporation ("the FDIC"), acting as receiver for Empire Federal Savings Bank of America ("Empire") and as successor in interest to Resolution Trust Company ("the RTC"), has brought this motion to strike certain affirmative defenses asserted by defendant Massachusetts Mutual Life Insurance Company ("MassMutual...

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