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IN RE VESCIO

Bankruptcy No. 96-10153, Adv. No. 96-1015.

208 B.R. 122 (1997)

In re Pasquale J. VESCIO and Vatsala Vescio, Debtors, THE MERCHANTS BANK, Amresco New England II, Inc., Plaintiffs v. Pasquale J. VESCIO and Vatsala Vescio, Defendants and Counterclaim Plaintiffs v. THE MERCHANTS BANK, Counterclaim Defendant.

United States Bankruptcy Court, D. Vermont.

April 28, 1997.

Attorney(s) appearing for the Case

J.T. Schwidde, of Glinka & Schwidde, Rutland, Vt., and L. Chalidze, of Miller & Faignant, Rutland, Vt., for Debtors/Defendants/Counterclaim Plaintiffs Pasquale and Vatsala Vescio (Debtors).

R.A. Pinel, of Miller, Eggleston & Cramer, Ltd., Burlington, Vt., for The Merchants Bank (Bank).

T.L. Holzman, of the Federal Deposit Insurance Corp. (FDIC), Washington, D.C., and C. Shea, Esq., of the U.S. Attorney's Office, Burlington, Vt., for FDIC.

K.H. Wheatley, and D.B. Jordan, of the Federal Reserve, Washington, D.C., and C. Shea, of the U.S. Attorney's Office, Burlington, Vt., for the Board of Governors of the Federal Reserve System (Fed).

MEMORANDUM OF DECISION DENYING PRIVILEGE ASSERTED BY FEDERAL RESERVE BANK

FRANCIS G. CONRAD, Bankruptcy Judge.

Our December 9, 1996 Order on Counter-Claimant Vescios' Motion to Compel1 required Bank to disclose four categories of documents, including investigative materials and bank examination reports generated by FDIC and Fed. More particularly, we required:

1) full disclosure by The Merchants Bank of all documentation...

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