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AMERICAN SAV. BANK OF SPRINGFIELD, ILL. v. FSLIC

No. CA-3-87-0404-T.

701 F.Supp. 591 (1988)

AMERICAN SAVINGS BANK OF SPRINGFIELD, ILLINOIS, Plaintiff, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Empire Savings and Loan Association of Mesquite, Texas, Thomas R. Procopio, as receiver for Empire Savings and Loan Association of Mesquite, Texas, William Ball, individually, and the United States of America, Defendants.

United States District Court, N.D. Texas, Dallas Division.

July 26, 1988.

Attorney(s) appearing for the Case

Maria G. Arias-Chapleau, Stewart W. Karge, Stephen C. Sandels, McDermott Will & Emery, Chicago, Ill., Michael Byrd, Mary L. O'Connor, Akin Gump Strauss Hauer & Feld, Dallas, Tex., for plaintiff.

Charles R. Gregg, Hutcheson & Grundy, Houston, Tex., for defendants (Michael D. Robbins, E. John Gorman, Hutcheson & Grundy, Houston, Tex., of counsel).

John Bolton, Marvin Collins, Mary Ann Moore, Asst. U.S. Attys., Dallas, Tex., Jeffrey Axelrad, Director Torts Branch, Dina L. Biblin, Trial Atty., Torts Branch Civil Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.

ORDER

MALONEY, District Judge.

On April 27, 1988, Defendant United States of America filed its Motion to Dismiss Plaintiff's Second Amended Complaint, seeking to dismiss itself and the Federal Savings and Loan Insurance Corporation (FSLIC) acting in its corporate capacity.

Defendant's motion, Plaintiff's response, and Defendant's reply reveal confusion regarding the capacity in which Plaintiff has sued the FSLIC and for which capacity of the FSLIC...

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