IN RE FRANKLIN SAV. CORP.

Bankruptcy No. 91-41518-11, Adversary No. 00-6029.

296 B.R. 521 (2002)

In re FRANKLIN SAVINGS CORPORATION, Debtor. Franklin Savings Corporation and Franklin Savings Association, Plaintiffs, v. United States of America and the Federal Deposit Insurance Corporation, as successor in interest to the Resolution Trust Corporation, Defendants.

United States Bankruptcy Court, D. Kansas.

November 22, 2002.


Attorney(s) appearing for the Case

R. Pete Smith and Jonathan A. Margolies of McDowell, Rice, Smith & Gaar, Kansas City, Missouri, for Plaintiffs.

Jeffrey L. Karlin, Trial Attorney, Torts Branch, Civil Division, U.S. Dept. of Justice, Manchester, NH, Jeffrey Axelrad, Director, Torts Branch, Jackie N. Williams, United States Attorney, Wichita, KS, David W. Ogden, Acting Assistant Attorney General, Washington, DC, for Defendants.


MEMORANDUM AND ORDER1

JOHN T. FLANNAGAN, Bankruptcy Judge.

In 1993, Franklin Savings Corporation ("FSC") and Franklin Savings Association ("FSA") filed an adversary complaint against the Resolution Trust Corporation ("RTC"), alleging that the RTC violated mandatory procedures, acted with negligence and breached its fiduciary duty, engaged in "non-governmental activity in commerce," and exceeded its statutory authority...

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