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FIRST FED. SAV. & LOAN ASS'N v. OPPENHEIM, APPEL, DIXON & CO.

No. 85 Civ. 4163 (MEL).

631 F.Supp. 1029 (1986)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF PITTSBURGH; Wichita Federal Savings & Loan Association; City of Farmington, New Mexico; and Federal Savings and Loan Insurance Corporation, Plaintiffs, v. OPPENHEIM, APPEL, DIXON & CO., a partnership, Defendant. OPPENHEIM, APPEL, DIXON & CO., a partnership, Third-Party Plaintiff, v. MARINE MIDLAND BANK, N.A., a National Banking Association, Third-Party Defendant. OPPENHEIM, APPEL, DIXON & CO., a partnership, Third-Party Plaintiff, v. E. Keith OWENS; Robert Bell; S. Muir Atherton; Daniel Harkens; Richard Tisdale; John J. Giovannone; and Memel, Jacobs, Pierno, Gersh & Ellsworth, a partnership, Supplemental Third-Party Defendants.

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

March 19, 1986.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for plaintiffs; Harvey Kurzweil, Jonathan W. Miller, Neil Tublin, of counsel.

Sullivan & Cromwell, New York City, for third-party defendant; Philip L. Graham, Jr., James W. Dabney, Merle M. Martin, of counsel.

Patterson, Belknap, Webb & Tyler, New York City; Harold R. Tyler, Jr., Eugene L. Girden, Frederick T. Davis, of counsel.

Rosenfeld, Parnell & Shames, Inc., Los Angeles, Cal. (Edward M. Rosenfeld, of counsel), for defendant and third-party plaintiff.

LASKER, District Judge.

Marine Midland Bank, N.A. ("Marine") moves pursuant to Rules 12(b)(6) and 56(b) of the Federal Rules of Civil Procedure to dismiss the third-party complaint filed by Oppenheim, Appel, Dixon & Co. ("OAD") against Marine. The motion is granted.

In an earlier, related litigation, Wichita Federal Savings and Loan Association v. Comark, No. 82 Civ. 4703(MEL) (S.D.N.Y.), five savings and loan associations and a municipality sued...

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