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LOUIS SCHERZER PARTNERS, LP v. F.D.I.C.

Civ. No. 94-1563-FR.

885 F.Supp. 1415 (1995)

LOUIS SCHERZER PARTNERS, LP, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Defendant.

United States District Court, D. Oregon.

May 15, 1995.

Attorney(s) appearing for the Case

Robert T. Scherzer, Portland, OR, for plaintiff.

Nancy K. Cary, William R. Turnbow, Hershner, Hunter, Moulton, Andrews & Neill, Eugene, OR, for defendant.

OPINION

FRYE, Judge:

The matter before the court is the defendant's first motion for summary judgment (# 14).

BACKGROUND

On May 30, 1989, the plaintiff, Louis Scherzer Partners, LP and the Federal Savings and Loan Insurance Corporation (FSLIC) entered into a Real Estate Purchase and Sale Agreement ("the Agreement").

Under the terms of the Agreement, Louis Scherzer Partners, LP agreed to purchase

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