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FIRST UNION NAT. BANK v. ROYAL TRUST TOWER

No. 91-2277-CIV.

827 F.Supp. 1564 (1993)

FIRST UNION NATIONAL BANK OF FLORIDA, a National Banking Association, Plaintiff, v. ROYAL TRUST TOWER, LTD., a Florida Limited Partnership, et al., Defendants. v. The FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for South-east Bank, N.A., Counter-Defendant. FIRST UNION NATIONAL BANK OF FLORIDA, a National Banking Association, Plaintiff, v. INTERNATIONAL INVESTMENT BANKERS, INC., a Florida corporation; et al., Defendants. v. The FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Southeast Bank, N.A., Counter-Defendant.

United States District Court, S.D. Florida, Miami Division.

June 24, 1993.

Attorney(s) appearing for the Case

Juan Aedo Gonzalez, Haley, Sinagra & Perez, P.A., Miami, FL for F.D.I.C. and Southeast Bank N.A.

Robert Thomas Wright, Jr., Carol M. Sire, Mershon, Sawyer, Johnston, Dunwody & Cole, P.A., Miami, FL, for First Union Nat. Bank of Florida.

Nanci Sondra Landy, Michael R. Gibbons, Gilbridge, Heller & Brown, P.A., Miami, FL, Read K. McCaffrey, Patton, Boggs & Blow, Baltimore, MD, for Royal Trust Tower, Ltd.

Nanci Sondra Landy, Gilbride, Heller & Brown, P.A., Miami, FL, Read K. McCaffery, Patton, Boggs & Blow, Baltimore, MD, for Caroline Weiss, Intercontinental Properties, Inc., Intercontinental Inv. Bankers, Inc. and Towers of Blue Lagoon (1) Inc.

ORDER ON AMENDED MOTION TO DISMISS

EDWARD B. DAVIS, District Judge.

Before the Court is the Federal Deposit Insurance Corporation's Amended Motion to Dismiss Counterclaim with Prejudice. The sole issue presented by the Motion is whether the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1821(d), requires a claimant to perform an affirmative action within 60 days following the FDIC's administrative review in...

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