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IN RE IMPERIAL CAPITAL BANCORP, INC.

Civil No. 10cv1991-CAB (WMc).

492 B.R. 25 (2013)

In re IMPERIAL CAPITAL BANCORP, INC., a Delaware corporation, Debtor. Imperial Capital Bancorp, Inc., a Delaware corporation, Plaintiff, v. Federal Deposit Insurance Corporation, as Receiver for Imperial Capital Bank, Defendant.

United States District Court, S.D. California.

May 16, 2013.

Attorney(s) appearing for the Case

Kyra Andrassy , Robert S. Marticello , Philip E. Strok , Weiland Golden Smiley Wang Ekvall & Strok, LLP, Costa Mesa, CA, Daniel R. Brown , Brown Legal Advisors , LLC, Chicago, IL, Carol Chow , Gregory Kent Jones , Gary E. Klausner , Stutman Treister & Glatt Professional Corporation, Los Angeles, CA, James D. Higgason , Diamond, McCarthy LLP, Houston, TX, for Plaintiff.

Jeffrey Stephen Isaacs , Gerald P. Kennedy , Procopio Cory Hargreaves and Savitch LLP, San Diego, CA, for Defendant.

ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT [Doc. Nos. 77 and 78]

CATHY ANN BENCIVENGO, District Judge.

On November 6, 2012, Plaintiff Imperial Capital Bancorp ("Imperial") filed a motion for summary judgment as to the First Claim for Relief in the Complaint seeking a declaratory judgment regarding ownership of certain tax refunds. [Doc. No. 77.]1 On December 19, 2012, Defendant Federal Deposit Insurance Corporation, as Receiver...

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