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FRANKLIN SAV. CORP. v. THRIFT SUPERVISION

Civ. A. No. 95-2039-GTV.

213 B.R. 596 (1997)

FRANKLIN SAVINGS CORPORATION and Franklin Savings Association, Plaintiffs, v. OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY, and United States of America, Defendants.

United States District Court, D. Kansas.

Order Granting Reconsideration September 11, 1997.

Attorney(s) appearing for the Case

R. Pete Smith, Johnathan A. Margolies, McDowell, Rice, Smith & Gaar, Kansas City, MO, Jennifer K. Wilson, Lawson, MO, for plaintiff.

J. Amanda Machen, Martin Jefferson Davis, Arthur R. Goldberg, U.S. Dept. of Justice, John T. Stemplewicz, Anne L. Weismann, U.S. Dept. of Justice, Civil Division, Washington, DC, Joann E. Corpstein, Topeka, KS, for Office of Thrift Supervision.

Janice M. Karlin, Office of U.S. Attorney, Arthur R. Goldberg, U.S. Dept. of Justice, Jeffrey Axelrad, John T. Stemplewicz, U.S. Dept. of Justice, Civil Division, James J. Faughnan, U.S. Dept. of Justice, Commercial Litigation Branch, Washington, DC, for defendant.

Johnathan A. Margolies, McDowell, Rice, Smith & Gaar, Kansas City, MO, for debtor.

Richard D. Ralls, Farchmin Ralls, P.C., Kansas City, MO, for movant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiffs bring this action alleging that the Office of Thrift Supervision's appointment of a conservator and liquidating receiver for Franklin Savings Association constitutes a compensable taking under the Fifth Amendment of the Constitution. The case is before the court on defendants' motion to dismiss plaintiffs' substituted amended counterclaim complaint...

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