CIRCLE INDUSTRIES v. CITY FEDERAL SAV. BANK

No. CV 90-0653 (ADS).

749 F.Supp. 447 (1990)

CIRCLE INDUSTRIES, DIVISION OF NASTASI-WHITE, INC., Plaintiff, v. CITY FEDERAL SAVINGS BANK, Crestmont Savings and Loan Association, Elysian Federal Bank, Colonial Savings Bank, National Westminster Bank NJ, First Jersey Savings & Loan Association, Statewide Savings Bank, Alexander Hamilton Savings & Loan Association, Interboro Savings & Loan Association, Nutley Savings & Loan Association, Lakeview Savings & Loan Association, Pulawski Savings & Loan Association, West Essex Savings Bank, Columbia Savings & Loan Association, and First Nationwide Federal Savings Bank, Defendants.

United States District Court, E.D. New York.

October 16, 1990.


Attorney(s) appearing for the Case

Shaw, Licitra, Esernio & Schwartz, P.C., Garden City, N.Y., for plaintiff.

Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, Newark, N.J., for Resolution Trust Corp., as Receiver of defendant City Federal Sav. Bank.

Cole, Yamner & Bray, Paterson, N.J., and Kornstein, Veisz & Wexler, New York City, for defendant Crestmont Sav. and Loan Ass'n.

Cassidy, Foss & San Filippo, Red Bank, N.J., for Resolution Trust Corp., as Conservator of defendant Elysian Federal Sav. Bank and as Receiver of defendant Colonial Sav. Bank.

Winston & Strawn, New York City, and Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for defendant National Westminster Bank N.J.

Clapp & Eisenberg, Newark, N.J., for defendants First Jersey Sav. & Loan Ass'n, Alexander Hamilton Sav. & Loan Ass'n, Nutley Sav. & Loan Ass'n, Pulawski Sav. & Loan Ass'n, West Essex Sav. Bank, First Nationwide Federal Sav. Bank, and Lakeview Sav. & Loan Ass'n.

Bogart, Ryan and Campisano, Jersey City, N.J., for defendant Statewide Sav. Bank.

McMahon, Martine & Merritt, New York City, and Schumann, Hanlon, O'Connor & McCrossin, Jersey City, N.J., for defendants Interboro Sav. & Loan Ass'n and Columbia Sav. & Loan Ass'n.


MEMORANDUM AND ORDER

SPATT, District Judge.

This action involves a real estate development project in Jersey City, New Jersey and its financing by certain savings and loan associations, some of which are now in receivership. Since the Court finds that it does not have subject matter jurisdiction of the claims asserted against an indispensable party to this action, the complaint is dismissed in its entirety.

I. THE MOTIONS

Certain defendants...

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