VARIABLE ANNUITY LIFE INS. CO. v. CLARKE

Civ. A. No. H-91-1016.

786 F.Supp. 639 (1991)

The VARIABLE ANNUITY LIFE INSURANCE CO., Plaintiff, v. Robert L. CLARKE, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

November 22, 1991.


Attorney(s) appearing for the Case

Stephen D. Susman, Houston, Tex., for plaintiff.

Tracy L. Meritt, Dept. of Justice, Civ. Div., Washington, D.C., Steven S. Rosenthal, Robert M. Kurucza, Morrison & Foerster, Washington, D.C., Michael T. Powell, Houston, Tex., for defendants.


ORDER

HOYT, District Judge.

Pending before the Court are the cross motions for summary judgment of the plaintiff, Variable Annuity Life Insurance Company ("VALIC"), and the defendants, Robert L. Clarke, the Office of the Comptroller of the Currency ("OCC"), the United States of America, National Bank of North Carolina ("NCNB"), and NCNB Securities, Inc. ("NCNBS"). Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, NCNB further moves to dismiss...

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