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S.E.C. v. CREDIT BANCORP, LTD.

No. 99 Civ. 11395(RWS).

147 F.Supp.2d 238 (2001)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Stephenson Equity Company, Plaintiff-Intervenor, v. CREDIT BANCORP, LTD., Credit Bancorp, Inc., Richard Jonathan Blech, Thomas Michael Rittweger and Douglas C. Brandon, Defendants.

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

June 27, 2001.

Attorney(s) appearing for the Case

Securities and Exchange Commission (Thomas M. Melton, of counsel), Salt Lake City, UT, for Plaintiff.

Securities and Exchange Commission (Robert Blackburn, of counsel), New York City, for Local Counsel.

Proskauer Rose (Richard Marmaro, of counsel), Los Angeles, CA, for Defendant R. Blech.

Milbank, Tweed, Hadley & McCloy (Andrew E. Tomback, of counsel), New York City, for Defendant T. Rittweger.

Getty, Keyser & Mayo (Richard A. Getty, of counsel), Lexington, KY, for Defendant D. Brandon.

Pattison & Flannery (Thomas R. Pattison, of counsel), New York City, for Third-Party Defendants, Certain Underwriters at Lloyd's, London, London Market Companies and Gulf Insurance Company.

Morrison & Foerster (Carl H. Loewenson, of counsel), New York City, for Receiver and Fiscal Agent.

Dickstein Shapiro Morin & Oshinsky (Randy Paar, of counsel), New York City, for Receiver.

OPINION

SWEET, District Judge.

Carl H. Loewenson, Jr., Esq., the court appointed receiver in the above-captioned action (the "Receiver") has moved under Rule 56, F.R. Civ. P., to dismiss certain of the affirmative defenses asserted by the Insurers in the answer. This third party action was initiated by the Receiver on February 23, 2000 against third-party defendants, Certain Underwriters at Lloyd's ("Lloyd's"); London Market Companies; and Gulf Insurance...

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