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SAMUELS v. ACME MARKET

Civ. A. No. 93-5524.

845 F.Supp. 292 (1994)

Charlotte SAMUELS and Jack Samuels, h/w v. ACME MARKET a/k/a American Stores Company, Glenna Lynn Shostack, Bell Savings Bank, Timothy Laporte, individually and d/b/a Tru-Kare Maintenance Service, and Robert F. Gregory, individually and d/b/a Gregory Paving Co., Inc.

United States District Court, E.D. Pennsylvania.

February 18, 1994.

Attorney(s) appearing for the Case

John J. Morrissey, Reiff, Morrissey & Associates, P.C., Philadelphia, PA, for plaintiffs.

Gregory F. LePore, Holl & Assoc., P.C., Lansdale, PA, for Bell Sav. Bank.

MEMORANDUM

JAMES McGIRR KELLY, District Judge.

Presently before the Court is the Motion to Dismiss of the Resolution Trust Corporation ("RTC"), acting in its capacity as receiver for Bell Federal Savings ("Bell Savings"). RTC requests that the Court dismiss Plaintiffs Charlotte and Jack Samuels' complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). RTC claims the Court lacks subject matter jurisdiction to determine these claims prior to...

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