FDIC v. CHERRY, BEKAERT & HOLLAND

No. 88-1147-CIV-T-15C.

742 F.Supp. 612 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff, v. CHERRY, BEKAERT & HOLLAND, a general partnership, et al., Defendants.

United States District Court, M.D. Florida, Tampa Division.

April 18, 1990.


Attorney(s) appearing for the Case

Alison Berman, Federal Deposit Ins. Corp., Washington, D.C., Leonard H. Gilbert, Robert Pass, Chris S. Coutroulis, Mary Stenson Scriven, Carlton, Fields, Ward, Emmanuel, Tampa, Fla., for plaintiff.

Michael Minkin, Hermelee Cowart & Minkin, Miami, Fla., John R. Gerstein, Ross, Dixon & Masback, Washington, D.C., for defendants.


ORDER

CASTAGNA, District Judge.

Before the Court are plaintiff the Federal Deposit Insurance Corporation's (FDIC) motions for summary judgment on defendant Cherry, Bekaert & Holland's (Cherry Bekaert) third, fourth and eleventh affirmative defenses, and the respective responses.

In February, 1986 the FDIC was appointed receiver of Park Bank. As receiver, the FDIC subsequently sold particular assets to the FDIC in its corporate capacity, the plaintiff...

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