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FEDERAL DEPOSIT INS. CORP. v. NATIONAL SUR. CORP.

Nos. 76 C 494, 76 C 515.

434 F.Supp. 61 (1977)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity and as Receiver of Franklin National Bank, Plaintiff, v. NATIONAL SURETY CORPORATION et al., Defendants. Sol Neil CORBIN, as Trustee in Bankruptcy of Franklin New York Corporation, Plaintiff, v. NATIONAL SURETY CORPORATION et al., Defendants. The AETNA CASUALTY AND SURETY COMPANY, Insurance Company of North America, National Surety Corporation and Fireman's Fund Insurance Companies, Third-Party Plaintiffs, v. Raymond T. ANDERSEN et al., Third-Party Defendants.

United States District Court, E. D. New York.

July 12, 1977.

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf, New York City, for plaintiffs.

Rivkin, Leff & Sherman, Garden City, N. Y., Paul, Weiss, Rifkind, Wharton & Garrison, Shea, Gould, Climenko, Kramer & Casey and Barrett, Smith, Schapiro & Simon, New York City, for defendants.

Poletti, Freedin, Prashker, Feldman & Goldman, New York City, for third-party defendant Howard Crosse.

MEMORANDUM AND ORDER

PLATT, District Judge.

The third-party defendants Beisler, Hogan, Kittay, Kraft, Sears, Slaughter, Tuohy, Wangeman and Webster move for an order pursuant to Rules 9(a) and (b), 12(b)(6) and 14(a) of Federal Rules of Civil Procedure dismissing the third-party complaints of the third-party plaintiffs Aetna Casualty & Surety Company, Insurance Company of North America, National Surety Corporation and Fireman's Fund Insurance Companies...

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