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FEDERAL DEPOSIT INS. CORP. v. WILLIAMS

Civ. A. No. CA 3-91-1428-C.

779 F.Supp. 63 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, Plaintiff, v. Billy Bob WILLIAMS, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

November 27, 1991.

Attorney(s) appearing for the Case

John Anthony Scully, John M. Sjovall, Cowles & Thompson, Dallas, Tex., John C. Hammock, Federal Deposit Ins. Corp., Washington, D.C., for plaintiff.

John E. Hampton, Hercules & Hampton, Stephen Douglas Parker, Timothy Stuart Perkins, Smith & Underwood, Dallas, Tex., for defendants.

Charles Michael Moore, David P. Blanke, Locke Purnell Rain Harrell, Dallas, Tex., for Resolution Trust Corp., as conservator for Sunbelt Federal Savings FSB, movant.

ORDER

CUMMINGS, District Judge.

This case is before the court for consideration of the motions to dismiss filed by each defendant. After considering the motions and the written argument of counsel, the court is of the opinion that the motions should be DENIED.

Defendants contend that FDIC's claims against them for negligence, breach of contract, and breach of fiduciary duty must be dismissed. They argue that all claims except the gross negligence...

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