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FEDERAL DEPOSIT INS. CORP. v. BURGER

Civ. A. No. 85-2044-S.

631 F.Supp. 1141 (1986)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Clifford J. BURGER and Evelyne M. Burger, Defendants.

United States District Court, D. Kansas.

March 25, 1986.

Attorney(s) appearing for the Case

Brian E. Gardner, Michael C. Manning and Mark W. McGrory, Morrison, Hecker, Curtis, Kuder & Parrish, Overland Park, Kan., Christopher A. Byrne, Office of General Counsel, Federal Deposit Ins. Corp., Washington, D.C., for plaintiff.

John H. Neiman, Pamela J. Summers, Neiman, Neiman, Stone & Spellman, P.C., Des Moines, Iowa, for defendants. Dennis M. Clyde, Gates & Clyde, Chtd., Overland Park, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendants' motion for leave to amend answer and plaintiff's motion for summary judgment.

This is an action brought by the plaintiff in its corporate capacity to recover on a promissory note executed to the Rexford State Bank. Defendants seek to amend their answer to assert the affirmative defenses of fraud, failure of consideration and estoppel.

Rule 15(a),...

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