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F.D.I.C. v. OTTAWA UNIVERSITY

No. 95-2048-KHV.

906 F.Supp. 601 (1995)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver of Superior National Bank, Plaintiff, v. OTTAWA UNIVERSITY, Defendant/Third Party Plaintiff, v. TOSHIBA MASTER LEASE, LTD., Third Party Defendant.

United States District Court, D. Kansas.

November 2, 1995.

Attorney(s) appearing for the Case

Michelle M. Suter, Steven H. Mustoe, Kurlbaum, Stoll, Seaman, Reefer, Suter & Mustoe, P.C., Kansas City, MO, for Federal Deposit Insurance Corporation, as Receiver of Superior National Bank, plaintiff.

Robert L. Bezek, Jr., Anderson, Byrd, Richeson & Flaherty, Ottawa, KS, for Ottawa University, defendant, Ottawa University, third party plaintiff, and Ottawa University, counter-defendant.

Gary V. Fulghum, Rose, Brouillette & Shapiro, P.C., Kansas City, MO, David J. Berkowitz, Lawrence, KS, for Toshiba Master Lease, Ltd., third party defendant.

Steven H. Mustoe, Kurlbaum, Stoll, Seaman, Reefer, Suter & Mustoe, P.C., Kansas City, MO, for Federal Deposit Insurance Corporation, as Receiver of Superior National Bank, third party plaintiff, and Federal Deposit Insurance Corporation, third party plaintiff.

Gary V. Fulghum, Rose, Brouillette & Shapiro, P.C., Kansas City, MO, for Toshiba Master Lease, Ltd., third party defendant, and Toshiba Master Lease, Ltd., counterclaimant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

This case comes before the Court on third party defendant Toshiba Master Lease, Ltd.'s Motion for an Order to Strike Third Party Plaintiff's Demand for a Jury Trial in Third Party Complaint and Amended Third Party Complaint (Doc. # 25), filed June 20, 1995. In 1989, Ottawa University ("Ottawa") entered into a photocopier lease with Toshiba. Paragraph 19 of the Lease Agreement between Ottawa and Toshiba...

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