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FEDERAL DEPOSIT INSURANCE CORPORATION v. CADES

Civ. A. No. 71-1886.

357 F.Supp. 1111 (1973)

FEDERAL DEPOSIT INSURANCE CORPORATION v. Ralph E. CADES et al. v. DEPARTMENT OF BANKING OF the COMMONWEALTH OF PENNSYLVANIA.

United States District Court, E. D. Pennsylvania.

May 11, 1973.

Attorney(s) appearing for the Case

Gregory M. Harvey, Morgan, Lewis & Bockius, Philadelphia, Pa., for plaintiff.

Richard M. Rosenbleeth, Philip C. Patterson, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for Cades & Stratton.

Philip D. Weiss, McTighe, Brown, Weiss, Bonner & Stewart, Norristown, Pa., for Quinlan.

Harry A. Rutenberg, Philadelphia, Pa., for Popkin.

Martin A. Heckcsher, Duane, Morris & Heckscher, Philadelphia, Pa., for Daniels.

Robert St. Leger Goggin, Marshall, Dennehey & Warner, Philadelphia, Pa., for Decker.

Conrad P. Sheehan, New York City, for Bailey.

Gerald Gornish, Deputy Atty. Gen., Harrisburg, Pa., for Department of Banking.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Defendant, Department of Banking of the Commonwealth of Pennsylvania, has moved this Court to dismiss the third party complaint against it pursuant to Rule 12 of the Federal Rules of Civil Procedure, and has set forth as its reasons for dismissal the sovereign immunity of the Commonwealth of Pennsylvania to which it, the Department of Banking, is entitled as an agent thereof, and the failure of the third party...

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