National State Bank of Newark v. The United States. The Bowery Savings Bank v. The United States

LARAMORE, Judge.

These actions come to us after having been consolidated for the sole purpose of resolving the issues raised by defendant’s motions to dismiss. Both plaintiffs are banks seeking to recover additional mortgage insurance benefits pursuant to contracts with the Federal Housing Administration (FHA). Defendant has moved to dismiss their claims for failure to state a claim upon which relief can be granted, and on the additional ground in the National State Bank of Newark action, that plaintiff has failed to state a cause of action over which this court has jurisdiction. The substance…