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FAR WEST FEDERAL BANK v. DIRECTOR, OTS

CV No. 90-103-PA.

787 F.Supp. 952 (1992)

FAR WEST FEDERAL BANK, S.B., et al., Plaintiffs, v. DIRECTOR, OFFICE OF THRIFT SUPERVISION, et al., Defendants.

United States District Court, D. Oregon.

March 9, 1992.

Attorney(s) appearing for the Case

Barnes H. Ellis, Christine Kitchel, Stoel, Rives, Boley, Jones & Grey, Portland, Or., Wesley G. Howell, Jr., John C. Millian, Gibson, Dunn & Crutcher, Washington, D.C., for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Leslie H. Southwick, Deputy Asst. Atty. Gen., Charles H. Turner, U.S. Atty., Herbert C. Sundby, Asst. U.S. Atty., Brook Hedge, Theodore C. Hirt, Jeffrey S. Gutman, Gary W. Herschman, Dept. of Justice Civ. Div., Washington, D.C., for defendant FDIC.

Eugene M. Katz, Acting Chief Counsel, Thomas J. Segal, Associate Chief Counsel, Aaron B. Kahn, Sr. Trial Atty., Elizabeth R. Moore, Sr. Trial Atty., Office of Chief Counsel, Office of Thrift Supervision, Washington, D.C., for defendant Director, Office of Thrift Supervision.

OPINION

PANNER, District Judge.

The investor plaintiffs seek summary judgment on Count IV (rescission and restitution) of their first amended and supplemental complaint (now Count I of the second amended and supplemental complaint) on the issue of liability. Defendant, Federal Deposit Insurance Corporation (FDIC), seeks summary judgment against Count IV on the issues of liability and damages. Plaintiffs' motion...

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