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FIRST WESTERN FEDERAL SAV. BANK v. FDIC

Civ. No. 87-5122.

678 F.Supp. 224 (1988)

FIRST WESTERN FEDERAL SAVINGS BANK, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant.

United States District Court, D. South Dakota, W.D.

January 19, 1988.

Attorney(s) appearing for the Case

Curtis S. Jensen, Gunderson, Farrar, Aldrich & DeMersseman, Rapid City, S.D., for plaintiff.

Lawrence E. Long, Martin, S.D., and Michael B. Ostrom, FDIC, Legal Div., Omaha, Neb., for defendant.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

Plaintiff First Western Federal Savings Bank (First Western) filed this action on October 30, 1987, alleging the jurisdiction of this Court pursuant to 12 U.S.C. § 1819 (Fourth). Defendant Federal Deposit Insurance Corporation (FDIC) moved this Court to dismiss the action pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on the grounds of lack of subject matter jurisdiction.

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