FRANKLIN SAV. v. OFFICE OF THRIFT SUPERVISION

No. 95-2039-JWL.

303 B.R. 488 (2004)

FRANKLIN SAVINGS CORPORATION, Plaintiff, v. OFFICE OF THRIFT SUPERVISION, Defendant.

United States District Court, D. Kansas.

January 12, 2004.


Attorney(s) appearing for the Case

Jonathan A. Margolies, R. Pete Smith, McDowell, Rice, Smith & Gaar, Kansas City, MO, for Plaintiff.

Anne L. Weismann, Arthur R. Goldberg, John T. Stemplewicz, James J. Faughnan, Jeffrey Axelrad, U.S. Department of Justice, J. Amanda Machen, Martin Jefferson Davis, Office of Thrift Supervision, Washington, DC, Christopher Allman, Office of United States Attorney, Kansas City, KS, for Defendants.

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


MEMORANDUM AND ORDER

LUNGSTRUM, Chief Judge.

This adversary proceeding was withdrawn from the Chapter 11 bankruptcy of plaintiff Franklin Savings Corporation ("FSC"). Defendant Office of Thrift Supervision (the "OTS") filed a proof of claim in the bankruptcy proceeding and FSC objected to that proof of claim. The matter is before the court on the parties' cross-motions for summary judgment (Docs. 136 & 137). For the reasons explained below, the court...

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