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MIDWEST FINANCIAL ACCEPTANCE CORP. v. F.D.I.C.

No. 99-CV-6363L.

93 F.Supp.2d 327 (2000)

MIDWEST FINANCIAL ACCEPTANCE CORPORATION, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

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

April 17, 2000.

Attorney(s) appearing for the Case

Timothy Patrick Sheehan, John M. Himmelberg, Jr., Rochester, NY, for Midwest Financial Acceptance Corporation, plaintiff.

Michael E. Ferdman, Hiscock & Barclay, Buffalo, NY, for Federal Deposit Insurance Corporation, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Midwest Financial Assistance Corporation ("Midwest"), commenced this action on August 18, 1999, against defendant Federal Deposit Insurance Corporation ("FDIC"). Midwest alleges that FDIC has breached a contract with Midwest by refusing to repurchase a loan that Midwest purchased from FDIC in 1998. Jurisdiction is premised on 28 U.S.C. § 1331 and 12 U.S.C. § 1819(b), which provides that...

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