KOHLBECK v. KIS

No. CV 85-180-M-CCL.

651 F.Supp. 1233 (1987)

William L. KOHLBECK, et al., Plaintiffs, v. Marge M. KIS, et al., Defendants and Third-Party Plaintiffs, v. Conn TATUM, et al., Third-Party Defendants.

United States District Court, D. Montana, Missoula Division.

January 16, 1987.


Attorney(s) appearing for the Case

John G. Layman, Layman, Loft, Smythe & Arpin, Spokane, Wash., Lee Kaufman, Murray, Kaufman, Vidal & Gordon, Kalispell, Mont., for plaintiffs.

Douglas G. Skjelset, Tipp, Hoven, Skjelset & Frizzell, Missoula, Mont., for Marge M. Kis, Robert W. Happ, Frank J. Palicz, Gloria M. Palicz, Dee K. Mortensen and Alva Beth Mortensen.

C. Eugene Phillips, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Mont., for Montana Federal Sav. Bank, Montana Sav. and Loan, and Federal Sav. and Loan Ins. Corp.

William K. Black, Dorothy L. Nichols, James T. Lantelme, Federal Home Loan Bank Bd., Washington, D.C., Bob Brooks, Asst. U.S. Atty., Butte, Mont., for Federal Sav. and Loan Ins. Corp.

Darrell S. Worm, Measure, Ogle & Ellingson, Kalispell, Mont., for Willard Johnson and Lorene Johnson.

Edward A. Murphy, Datsopoulos, MacDonald & Lind, Missoula, Mont., for third-party defendant Conn Tatum.


MEMORANDUM AND ORDER

LOVELL, District Judge.

I.

This case is before the Court on several motions to dismiss.

Defendant Federal Savings and Loan Insurance Corporation (FSLIC), in its capacity as receiver for defendant Montana Federal Savings Bank,1 moves for dismissal on the ground that the Court lacks jurisdiction over the subject matter of the claims advanced against it. Specifically, the receiver contends...

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