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LANDMARK LAND CO., INC. v. SPRAGUE

No. 79 Civ. 4620.

529 F.Supp. 971 (1981)

LANDMARK LAND COMPANY, INC., Plaintiff, v. Irvine H. SPRAGUE, William M. Isaac, John G. Heimann, James E. Burns, Federal Deposit Insurance Corporation and the United States of America, Defendants, and Mercantile National Bank of Chicago, Mercantile Holdings Inc., James R. Frankel, California Canadian Bank, as executor with will annexed of the estate of Leonard B. Ettelson, deceased, Michael B. Schwartz, as executor of the estate of Leonard B. Ettelson, deceased, William P. Bright, and Landmark Land Company, Inc., Counterclaim Defendants.

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

December 14, 1981.

Attorney(s) appearing for the Case

Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for plaintiff and counterclaim defendant Landmark; Howard Kristol, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendants Federal Deposit Ins. Corp., Sprague, Isaac, Heimann and Burns; Jeffrey M. Epstein, New York City, of counsel.

Kornstein, Meister & Veisz, New York City, for counterclaim defendants Mercantile Nat. Bank of Chicago, Mercantile Holdings Inc., Michael B. Schwartz, as Executor of the Estate of Leonard B. Ettelson, deceased, and California Canadian Bank, as Executor with will annexed of the Estate of Leonard B. Ettelson, deceased; Daniel Kornstein, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for the U. S.; Barbara Schulman, Asst. U. S. Atty., New York City, of counsel.

OPINION

GAGLIARDI, District Judge.

Plaintiff Landmark Land Company, Inc. ("Landmark") commenced this action for a writ of mandamus and monetary and injunctive relief against the Federal Deposit Insurance Corporation (the "FDIC"), the United States of America, and several government employees affiliated with the FDIC (the "FDIC officials").1 The action was initially based upon the allegedly wrongful refusal of defendants to deliver...

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