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FRANKLIN SAV. ASS'N v. OTS

Nos. 92-4196-SAC, 93-4039-SAC.

821 F.Supp. 1414 (1993)

FRANKLIN SAVINGS ASSOCIATION, a Kansas Savings and Loan Association, and Franklin Savings Corporation, a Kansas Corporation, Plaintiffs, v. OFFICE OF THRIFT SUPERVISION, Director Department of the Treasury, Defendant.

United States District Court, D. Kansas.

April 14, 1993.

Attorney(s) appearing for the Case

Mark S. Gunnison, McDowell, Rice & Smith, P.C., Overland Park, KS, R. Pete Smith, Jonathan A. Margolies, McDowell, Rice & Smith, P.C., Kansas City, MO, for plaintiffs.

Thomas J. Segal, Harris Weinstein, Aaron B. Kahn, J. Amanda Machen, Laurie Romanowich, Kerry W. Kircher, Office of Thrift Supervision, Washington, DC, Joann E. Corpstein, Office of Thrift Supervision, Shawnee Mission, KS, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendant's motion to dismiss (Dk. 12) pursuant to Rule 12 of the Federal Rules of Civil Procedure. By order filed February 17, 1993, the court withdrew reference of the adversary action pending in bankruptcy court filed by the plaintiff and consolidated it with the identical district court case filed by the plaintiff. The defendant filed its motion to dismiss in the district...

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