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RESOLUTION TRUST CORP. v. SCHONACHER

Civ. A. No. 93-2233-GTV.

844 F.Supp. 689 (1994)

RESOLUTION TRUST CORPORATION, as Conservator for Pioneer Federal Savings and Loan Association, Plaintiff, v. W.A. SCHONACHER, Jr. and Patricia Schonacher, Defendants.

United States District Court, D. Kansas.

February 17, 1994.

Attorney(s) appearing for the Case

Robert L. Hamann, David M. Bax, Hamann, Holman, South, McCollum & Hansen, P.C., Prairie Village, KS, Tonya L. O'Hern, Lenexa, KS, for plaintiff.

Cynthia Clark Campbell, The Campbell Law Firm, Kansas City, MO, Susan Ellmaker, Overland Park, KS, Donald E. Bucher, J. Bryan Allee, Kansas City, MO, for defendants.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case comes before the court on plaintiff's motion to dismiss defendants' affirmative defenses for lack of subject matter jurisdiction (Doc. 17). In its motion, plaintiff asserts that defendants' affirmative defenses must be dismissed based on various provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Even if the FIRREA provisions are not violated, plaintiff...

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