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MERRILL LYNCH MORTG. CAPITAL, INC. v. F.D.I.C.

No. CIV.A. 02-01123(HHK).

293 F.Supp.2d 98 (2003)

MERRILL LYNCH MORTGAGE CAPITAL, INC., Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

United States District Court, District of Columbia.

November 6, 2003.

Attorney(s) appearing for the Case

David R. Kuney, Sidley, Austin, Brown & Wood, LLP, Washington, DC, for Plaintiff.

Hugo A. Zia, Washington, DC, for Defendant.

MEMORANDUM OPINION

KENNEDY, District Judge.

Plaintiff, Merrill Lynch Mortgage Capital, Inc. ("Merrill"), brings this action against defendant, Federal Deposit Insurance Corporation ("FDIC"), as receiver for Superior Bank, FSB ("Superior"), alleging that it wrongfully seized funds from an account to which plaintiff had legal title. In the alternative, plaintiff alleges that defendant, as receiver, wrongly applied an offset to plaintiff's uninsured deposit...

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