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MINNESOTA EX REL. HATCH v. FLEET MORTG.

No. CIV. 01-48 ADM/AJB.

181 F.Supp.2d 995 (2001)

State of MINNESOTA, by its Attorney General, Mike HATCH, Plaintiff, v. FLEET MORTGAGE CORPORATION, a South Carolina corporation, Defendant.

United States District Court, D. Minnesota,

December 21, 2001.

Attorney(s) appearing for the Case

Prentiss Cox, Esq., Assistant Attorney General, St. Paul, MN, appeared for and on behalf of Plaintiff.

Andrew L. Sandler, Esq., Gary DiBianco, Esq., Skadden Arps, Slate, Meagher & Flom, Washington, DC, Alan H. Maclin, Esq., Briggs and Morgan, St. Paul, MN, and Matthew D. Forsgren, Esq., Briggs and Morgan, Minneapolis, MN, appeared for and on behalf of Defendant.

John F. Daly, Esq., Federal Trade Commission, Washington, DC, appeared as Amicus Curiae on behalf of Plaintiff.

Frederick G. Petrick, Jr., Esq., Office of the Comptroller of the Currency, Washington, DC, Amicus Curiae on behalf of Defendant.

MEMORANDUM OPINION AND ORDER

MONTGOMERY, District Judge.

I. INTRODUCTION

On October 2, 2001, the Motion to Dismiss for Lack of Subject Matter Jurisdiction [Doc. No. 42] of Defendant Fleet Mortgage Corporation ("FMC") was argued before the undersigned United States District Judge. For the reasons set forth below, the Motion to Dismiss is denied.

II. BACKGROUND

The State of Minnesota (the "State") brings suit against FMC under the...

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