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IN RE PHILLIPS

Bankruptcy No. 90-51042-C, Adv. No. 90-5245-C.

124 B.R. 712 (1991)

In re Andrew Bass PHILLIPS, Debtor. Andrew Bass PHILLIPS, Plaintiff, v. The FEDERAL DEPOSIT INSURANCE CORPORATION in its Limited Capacity as Receiver for Charles Schreiner Bank, N.A., Defendant.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

January 15, 1991.

Attorney(s) appearing for the Case

Harry Perrin, Houston, Tex., for debtor and plaintiff.

Nancy Reyes, F.D.I.C., San Antonio, Tex., for defendant.

DECISION AND ORDER

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for hearing the Rule 12(b)(6) motion of the Federal Deposit Insurance Corporation, in its corporate capacity liquidating Charles Schreiner Bank, N.A. to dismiss the complaint for failure to state a claim upon which relief can be granted. Subsequent to the hearing, the parties submitted briefs. Upon consideration thereof, the court makes the following findings and conclusions.

FACTUAL BACKGROUND...

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