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HAWKE ASSOCIATES v. CITY FEDERAL SAV. BANK

Civ. A. No. 90-3985.

787 F.Supp. 423 (1991)

In the Matter of HAWKE ASSOCIATES, a New Jersey partnership, Plaintiff, v. CITY FEDERAL SAVINGS BANK; the Resolution Trust Corporation; and City Savings Bank, Defendants.

United States District Court, D. New Jersey.

May 22, 1991.

Attorney(s) appearing for the Case

Leib, Kraus, Grispin & Roth by Robert M. McCaffery, Scotch Plains, N.J., for plaintiff.

Jamieson, Moore, Peskin & Spicer by Jay Samuels, John D. McQuarrie, Jr., Princeton, N.J., for defendants.

OPINION

BISSELL, District Judge.

This matter arises before the Court on the basis of the defendants' two motions. The first is to substitute one failed bank for the presently listed failed banks as defendant, as well as the Resolution Trust Corporation as the receiver for each of them. The second motion is to dismiss the three-count complaint for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6).

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