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FEDERAL DEPOSIT INS. v. BLUE ROCK SHOPPING CENTER

No. 83-1862.

766 F.2d 744 (1985)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee, v. BLUE ROCK SHOPPING CENTER, INC., A Delaware Corporation. Appeal of Max AMBACH and Rose Ambach.

United States Court of Appeals, Third Circuit.

Decided June 19, 1985.

Attorney(s) appearing for the Case

Donald J. Wolfe, Jr., Gregory A. Inskip (Argued), Potter Anderson & Corroon, Wilmington, Del., for appellee; Lawrence F. Bates, Federal Deposit Ins. Corp., Washington, D.C., of counsel.

John E. Babiarz, Jr. (Argued), Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellants.

Before ADAMS and BECKER, Circuit Judges and O'NEILL, District Judge.

OPINION OF THE COURT

O'NEILL, District Judge.

Federal Deposit Insurance Corporation has brought this action on a note against Blue Rock Shopping Center, Inc., Max Ambach and his wife Rose Ambach. The district court granted summary judgment to plaintiff. 567 F.Supp. 952 (1983).

Summary judgment is, of course, proper only if there is no genuine issue as to any material fact and the moving party is entitled to a...

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