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IN RE FIRST STATE BANCORPORATION

Bankruptcy No. 7-11-11916 JA. Adversary No. 13-1033 J.

498 B.R. 322 (2013)

In re FIRST STATE BANCORPORATION, Debtor. Linda S. Bloom, as Chapter 7 Trustee for First State Bancorporation, Plaintiff, v. Federal Deposit Insurance Corporation, as receiver for First Community Bank, Defendant.

United States Bankruptcy Court, D. New Mexico.

September 17, 2013.

Attorney(s) appearing for the Case

Corali Lopez-Castro, David Aaron Samole, Kozyak Tropin & Throckmorton PA, Miami, FL, for Plaintiff.

Jeffrey A. Sandell, Federal Deposit Insurance Corporation, Dallas, TX, Joshua David Wayser, Katten Muchin Roseman LLP, Los Angeles, CA, for Defendant.

MEMORANDUM OPINION

ROBERT H. JACOBVITZ, Bankruptcy Judge.

THIS MATTER is before the Court on the Motion to Dismiss Count II ("Motion") filed by the Federal Deposit Insurance Corporation, as receiver for First Community Bank ("FDICR"), by and through its attorneys of record, Jeffrey A. Sandell and Joshua David Wayser. FDIC-R asserts that the jurisdictional bar found in 12 U.S.C. § 1821(d)(13)(D) of the Financial Institutions Reform, Recovery and...

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