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RESOLUTION TRUST CORP. v. GREGOR

No. 94 CV 2578 (ARR).

872 F.Supp. 1140 (1994)

RESOLUTION TRUST CORPORATION, in its corporate capacity, Plaintiff, v. Harry C. GREGOR, et al., Defendants.

United States District Court, E.D. New York.

December 1, 1994.

Attorney(s) appearing for the Case

Richard W. Beckler, Michael G. McGovern, Fulbright & Jaworski, Washington, DC, Edward Dolido, Fulbright & Jaworski, New York City, for defendant Anthony A. Sirianni.

Jonathan Sinnreich, Jay Safar, Sinnreich, Wasserman, Grubin & Cahill, New York City, for plaintiff Resolution Trust Corp.

CORRECTED OPINION AND ORDER

ROSS, District Judge:

This motion to dismiss, like many others which have been decided in a number of courts during the last several years, requires an interpretation of the preemptive force of both the Home Owners' Loan Act of 1933 ("HOLA") and § 212(k) of the Federal Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") (codified at 12 U.S.C. § 1821(k)). The Resolution Trust Corporation (the...

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