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McGARRY v. RESOLUTION TRUST CORP.

Civ. No. 93-578 (WHW).

909 F.Supp. 241 (1995)

Robert McGARRY and Nancy McGarry, Plaintiffs, v. RESOLUTION TRUST CORPORATION as Receiver for Polifly Savings & Loan Association, Defendant.

United States District Court, D. New Jersey.

December 5, 1995.

Attorney(s) appearing for the Case

Bruce L. Atkins and Andrew T. Fede, Contant, Scherby & Atkins, Hackensack, NJ, for Plaintiffs, Robert and Nancy McGarry.

Helen A. Nau, Brach, Eichler, Rosenberg, Silver, Bernstien, Hammer & Gladstone, A Professional Corporation, Roseland, NJ, for Defendant, Resolution Trust Corporation.

AMENDED OPINION

WALLS, District Judge.

This matter comes before the Court on defendant Resolution Trust Corporation's ("RTC") motion under Local Rule 12(i) for reargument with respect to an order entered June 22, 1995 denying its motion for summary judgment.

Defendant had moved for summary judgment on the following grounds: (1) the uncontested facts; (2) 12 U.S.C. 1823(e) of the Financial Institutions Reform, Recovery and Enforcement Act of...

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