FEDERAL DEPOSIT INS. CORP. v. RENDA

Civ. A. No. 85-2116-O.

692 F.Supp. 128 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, and Federal Deposit Insurance Corporation, in its capacity as Receiver of Indian Springs State Bank, and Federal Savings & Loan Insurance Corporation, an agency of the United States of America, Plaintiffs, v. Mario RENDA, et al., Defendants.

United States District Court, D. Kansas.

June 28, 1988.


Attorney(s) appearing for the Case

Mark W. McGrory, Michael C. Manning, Brian E. Gardner, Marc E. Elkins, James W. Howard, Morrison, Hecker, Curtis, Kuder & Parrish, Overland Park, Kan., Daniel W. Persinger, Deputy Gen. Counsel, Christopher A. Byrne, Sr. Atty., Federal Deposit Ins. Corp., Washington, D.C., for Federal Deposit Ins. Corp. and Federal Sav. & Loan Ins. Corp.

Dorothy L. Nichols, Loretta R. Pitt, John B. Beaty, Office of the Gen. Counsel, Federal Home Loan Bank Bd., Washington, D.C., for additional plaintiffs.

Renate Winkler, Honolulu, Hawaii, pro se.

Sammy G. Daily, Sam Daily Realty, Inc., Kaneohe, Hawaii, pro se.

Ron Gooding, Steven M. Dickson, Dickson & Pope, Topeka, Kan., for Sammy G. Daily and Sammy Daily Realty, Inc.

Edward C. Schmidt, Roy A. Powell, Andrea Kurtz, Rose, Schmidt, Hasley & DiSalle, Pittsburgh, Pa., for Nina Associates, Ltd. and Antoinette Renda.

Ronald G. Russo, Shira A. Scheindlin, Richard A. Greenberg, Elliott Louis Pell, New York City, James Wyrsch, Susan M. Hunt, Carl Cornwell, Horner, Duckers & Cornwell, Kansas City, Kan., for Mario Renda, Southbrook Homes, Inc., Nina Associates, Ltd., First United Realty Co., First United Fund, Ltd. and First United Financial Corp.


MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on the motion of the plaintiffs Federal Deposit Insurance Corporation (FDIC) and Federal Savings and Loan Insurance Corporation (FSLIC) to dismiss counterclaims and strike certain affirmative defenses. The FDIC, in its corporate capacity and its capacity as receiver for the Indian Springs State Bank (ISSB) and the Rexford State Bank (RSB), and the FSLIC in its corporate capacity...

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