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FEDERAL DEP. INS. CORP. v. JAMES T. BARRY CO.

No. 77-C-430.

453 F.Supp. 81 (1978)

FEDERAL DEPOSIT INSURANCE CORPORATION, a United States Corporation, Plaintiff, v. JAMES T. BARRY CO., INC. and James T. Barry, Jr., Defendants.

United States District Court, E. D. Wisconsin.

July 18, 1978.

Attorney(s) appearing for the Case

Edward R. Nuss, Gibbs, Roper, Loots & Williams, Milwaukee, Wis., for plaintiff.

Donald A. Sands, Walsh & Simon, Milwaukee, Wis., for defendants.

MEMORANDUM AND ORDER

WARREN, District Judge.

Plaintiff in this action has filed a motion to dismiss the defendants' first and second counterclaims and to strike several of the defendants' defenses as insufficient in law.

This action involves suit by the plaintiff, Federal Deposit Insurance Corporation (FDIC), in its corporate capacity as purchaser of a note which had been made by defendant James T. Barry Co., Inc. to the American City Bank and guaranteed...

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