F.D.I.C. v. LOWE

Civ. No. 90-C-388W.

809 F.Supp. 856 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, Receiver, For and on Behalf of HERITAGE BANK AND TRUST, Plaintiff, v. John W. LOWE, Defendant, and John W. Lowe and R. Clark Arnold, formerly doing business as Lowe & Arnold, Defendants.

United States District Court, D. Utah, C.D.

February 26, 1992.


Attorney(s) appearing for the Case

Mark E. Friedman, Robert C. Weaver, Renee E. Rothauge, Portland, OR, Kevin N. Anderson, Robert Palmer Rees, Salt Lake City, UT, Jeffrey R. Williams, F.D.I.C., Washington, DC, for receiver, F.D.I.C. and plaintiff, Heritage Bank and Trust.

Paul M. Belnap, Stephen J. Trayner, H. Burt Ringwood, Salt Lake City, UT, for defendants, John W. Lowe and Lowe & Arnold.

D. Gary Christian, Shawn McGarry, Salt Lake City, UT, for defendant, R. Clark Arnold.


MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

I. INTRODUCTION

This matter is before the court on plaintiff's motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. Plaintiff Federal Deposit Insurance Corporation ("FDIC"), in its capacity as receiver for Heritage Bank and Trust ("Heritage"), and defendants John W. Lowe and John W. Lowe and R. Clark Arnold, formerly doing business as Lowe & Arnold...

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