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BENINATI v. F.D.I.C.

No. 96 CV 3665(RJD).

55 F.Supp.2d 141 (1999)

Stephen BENINATI, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION As Receiver for Community National Bank and Trust Company of New York, and Federal Deposit Insurance Corporation in its individual corporate capacity, Defendants.

United States District Court, E.D. New York.

July 13, 1999.

Attorney(s) appearing for the Case

Andrew M. Schnier, New York City, for plaintiff.

Marc E. Wieman, Federal Deposit Insurance Corporation, New York City, Thomas A. McFarland, on behalf of Zachary W. Carter, United States Attorney, for the Eastern District of New York, Brooklyn, NY, for defendants.

MEMORANDUM & ORDER

DEARIE, District Judge.

Defendant Federal Deposit Insurance Corporation moves to dismiss the complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Stephen Beninati cross moves to amend his complaint to add the United States as a defendant.

Defendant's motion to dismiss is granted. Plaintiff's motion to amend the complaint is denied.

BACKGROUND

Plaintiff brings this...

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