FDIC v. ECKERT SEAMANS CHERIN & MELLOTT

No. CV 90-0488.

754 F.Supp. 22 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of Guardian Bank, N.A., Plaintiff, v. ECKERT SEAMANS CHERIN & MELLOTT, A Pennsylvania Partnership, et al., Defendants.

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

December 14, 1990.


Attorney(s) appearing for the Case

Reid & Priest, New York City (Evan Widlitz, of counsel), for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Mark H. Alcott, of counsel), for defendants.


MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Federal Deposit Insurance Corporation ("FDIC"), as receiver of Guardian Bank, N.A., moves, pursuant to Fed.R.Civ.P. 12(f), to strike the Twelfth and Thirteenth Affirmative or Other Defenses asserted by Eckert Seamans Cherin & Mellott ("Eckert").

The Twelfth Affirmative Defense claims a failure on the part of the FDIC and "its current counsel, to pursue claims against the OCC, the FDIC...

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