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F.D.I.C. v. BALDINI

Civil Action No. 1:12-7050.

983 F.Supp.2d 772 (2013)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver Ameribank, Inc., Plaintiff, v. Jack A. BALDINI, et al., Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

November 14, 2013.

Attorney(s) appearing for the Case

Elizabeth W. Neiberger, Frederick J. Springer, Bryant Miller Olive, Tallahasee, FL, Michael F. Gibson, Gibson Lefler & Associates, Princeton, WV, for Plaintiff.

J. Mark Adkins, Floyd E. Boone, Jr., Julia A. Chincheck, Bowles Rice McDavid Graff & Love, John D. Hoblitzell, III, Rebecca A. Betts, Kay Casto & Chaney, Michael W. Carey, Carey Scott Douglas & Kessler, Charleston, WV, Matthew P. Bosher, Hunton & Williams, Richmond, VA, for Defendants.

MEMORANDUM OPINION AND ORDER

DAVID A. FABER, Senior District Judge.

By Judgment Order dated September 30, 2013, the court DENIED defendants' motions to dismiss. (Doc. Nos. 21, 24, and 26). The reasons for that decision follow.

I. Background

Ameribank, Inc. ("Ameribank" or "the Bank") was a federally chartered savings bank with headquarters in West Virginia. Complaint ¶ 8. On September 19, 2008, the Office...

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