MARCHESE v. U.S.

No. 91 Civ. 1300 (CSH).

781 F.Supp. 241 (1991)

Anthony J. MARCHESE and Rhombus Financial Services, Ltd., Plaintiffs, v. The UNITED STATES of America and Federal Deposit Insurance Corporation, Defendants.

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

December 23, 1991.


Attorney(s) appearing for the Case

Gary A. Mastronardi, Bridgeport, Conn., for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Jeffrey Axelrad, Bridget A. Gauntlett, U.S. Dept. of Justice, Washington, D.C., for defendant U.S.

Marguerite Sagatelian, Federal Deposit Ins. Corp., New York City, for defendant Federal Deposit Ins. Corp.


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This case is before the Court on the motion of defendant United States of America under Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P., to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim; and the motion of defendant Federal Deposit Insurance Corporation ("FDIC") to dismiss under Rule 12(b)(6).

For the reasons set forth below, defendants' motions are granted...

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