Kennedy v. Citizen's Savings Bank, No. Cv 95 010 77 26 (May 24, 1999) , 1999 Conn. Super. Ct. 5782 ( 1999 )
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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION Motion For Summary Judgment [142] Plaintiffs seek damages for their following bum advice from CT Page 5783 the defendant.The defendant, Citizen's Savings Bank, has moved for summary judgment based on
12 U.S.C. § 1821 (d)(3). That statute relates to failed banks, Federal Deposit Insurance Corporation takeovers, etc.The pertinent pleadings here are the Revised Complaint, October 7, 1997 [132] and the June 19, 1998 Corrected Answer and Special Defenses to Revised Complaint Dated October 7, 1997. [141] See also, Motion To Correct, June 19, 1998. [140] The Corrected Answer, etc. contains a Special Defense which refers to
12 U.S.C. § 1821 (d)(3).Neither of these pleadings allege any facts about an insolvent bank, a claim against an insolvent bank, or F.D.I.C. Involvement. The factual predicate for the application of
12 U.S.C. § 1821 (d)(3) is not in the pleadings as they now stand.Under the pleadings as they now stand, the motion for summary judgment must be denied.
Parker, J.
A: \Kennedy. Cit
Document Info
Docket Number: No. CV 95 010 77 26
Citation Numbers: 1999 Conn. Super. Ct. 5782
Judges: PARKER, JUDGE.
Filed Date: 5/24/1999
Precedential Status: Non-Precedential
Modified Date: 4/17/2021